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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Open Meetings Act is amended by changing |
5 | | Section 2 and 7 as follows:
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6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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7 | | Sec. 2. Open meetings.
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8 | | (a) Openness required. All meetings of public
bodies shall |
9 | | be open to the public unless excepted in subsection (c)
and |
10 | | closed in accordance with Section 2a.
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11 | | (b) Construction of exceptions. The exceptions contained |
12 | | in subsection
(c) are in derogation of the requirement that |
13 | | public bodies
meet in the open, and therefore, the exceptions |
14 | | are to be strictly
construed, extending only to subjects |
15 | | clearly within their scope.
The exceptions authorize but do |
16 | | not require the holding of
a closed meeting to discuss a |
17 | | subject included within an enumerated exception.
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18 | | (c) Exceptions. A public body may hold closed meetings to |
19 | | consider the
following subjects:
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20 | | (1) The appointment, employment, compensation, |
21 | | discipline, performance,
or dismissal of specific |
22 | | employees, specific individuals who serve as independent |
23 | | contractors in a park, recreational, or educational |
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1 | | setting, or specific volunteers of the public body or |
2 | | legal counsel for
the public body, including hearing
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3 | | testimony on a complaint lodged against an employee, a |
4 | | specific individual who serves as an independent |
5 | | contractor in a park, recreational, or educational |
6 | | setting, or a volunteer of the public body or
against |
7 | | legal counsel for the public body to determine its |
8 | | validity. However, a meeting to consider an increase in |
9 | | compensation to a specific employee of a public body that |
10 | | is subject to the Local Government Wage Increase |
11 | | Transparency Act may not be closed and shall be open to the |
12 | | public and posted and held in accordance with this Act.
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13 | | (2) Collective negotiating matters between the public |
14 | | body and its
employees or their representatives, or |
15 | | deliberations concerning salary
schedules for one or more |
16 | | classes of employees.
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17 | | (3) The selection of a person to fill a public office,
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18 | | as defined in this Act, including a vacancy in a public |
19 | | office, when the public
body is given power to appoint |
20 | | under law or ordinance, or the discipline,
performance or |
21 | | removal of the occupant of a public office, when the |
22 | | public body
is given power to remove the occupant under |
23 | | law or ordinance.
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24 | | (4) Evidence or testimony presented in open hearing, |
25 | | or in closed
hearing where specifically authorized by law, |
26 | | to
a quasi-adjudicative body, as defined in this Act, |
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1 | | provided that the body
prepares and makes available for |
2 | | public inspection a written decision
setting forth its |
3 | | determinative reasoning.
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4 | | (4.5) Evidence or testimony presented to a school |
5 | | board regarding denial of admission to school events or |
6 | | property pursuant to Section 24-24 of the School Code, |
7 | | provided that the school board prepares and makes |
8 | | available for public inspection a written decision setting |
9 | | forth its determinative reasoning. |
10 | | (5) The purchase or lease of real property for the use |
11 | | of
the public body, including meetings held for the |
12 | | purpose of discussing
whether a particular parcel should |
13 | | be acquired.
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14 | | (6) The setting of a price for sale or lease of |
15 | | property owned
by the public body.
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16 | | (7) The sale or purchase of securities, investments, |
17 | | or investment
contracts. This exception shall not apply to |
18 | | the investment of assets or income of funds deposited into |
19 | | the Illinois Prepaid Tuition Trust Fund.
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20 | | (8) Security procedures, school building safety and |
21 | | security, and the use of personnel and
equipment to |
22 | | respond to an actual, a threatened, or a reasonably
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23 | | potential danger to the safety of employees, students, |
24 | | staff, the public, or
public
property.
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25 | | (9) Student disciplinary cases.
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26 | | (10) The placement of individual students in special |
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1 | | education
programs and other matters relating to |
2 | | individual students.
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3 | | (11) Litigation, when an action against, affecting or |
4 | | on behalf of the
particular public body has been filed and |
5 | | is pending before a court or
administrative tribunal, or |
6 | | when the public body finds that an action is
probable or |
7 | | imminent, in which case the basis for the finding shall be
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8 | | recorded and entered into the minutes of the closed |
9 | | meeting.
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10 | | (12) The establishment of reserves or settlement of |
11 | | claims as provided
in the Local Governmental and |
12 | | Governmental Employees Tort Immunity Act, if
otherwise the |
13 | | disposition of a claim or potential claim might be
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14 | | prejudiced, or the review or discussion of claims, loss or |
15 | | risk management
information, records, data, advice or |
16 | | communications from or with respect
to any insurer of the |
17 | | public body or any intergovernmental risk management
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18 | | association or self insurance pool of which the public |
19 | | body is a member.
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20 | | (13) Conciliation of complaints of discrimination in |
21 | | the sale or rental
of housing, when closed meetings are |
22 | | authorized by the law or ordinance
prescribing fair |
23 | | housing practices and creating a commission or
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24 | | administrative agency for their enforcement.
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25 | | (14) Informant sources, the hiring or assignment of |
26 | | undercover personnel
or equipment, or ongoing, prior or |
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1 | | future criminal investigations, when
discussed by a public |
2 | | body with criminal investigatory responsibilities.
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3 | | (15) Professional ethics or performance when |
4 | | considered by an advisory
body appointed to advise a |
5 | | licensing or regulatory agency on matters
germane to the |
6 | | advisory body's field of competence.
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7 | | (16) Self evaluation, practices and procedures or |
8 | | professional ethics,
when meeting with a representative of |
9 | | a statewide association of which the
public body is a |
10 | | member.
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11 | | (17) The recruitment, credentialing, discipline or |
12 | | formal peer review
of physicians or other
health care |
13 | | professionals, or for the discussion of matters protected |
14 | | under the federal Patient Safety and Quality Improvement |
15 | | Act of 2005, and the regulations promulgated thereunder, |
16 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
17 | | Health Insurance Portability and Accountability Act of |
18 | | 1996, and the regulations promulgated thereunder, |
19 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
20 | | hospital, or
other institution providing medical care, |
21 | | that is operated by the public body.
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22 | | (18) Deliberations for decisions of the Prisoner |
23 | | Review Board.
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24 | | (19) Review or discussion of applications received |
25 | | under the
Experimental Organ Transplantation Procedures |
26 | | Act.
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1 | | (20) The classification and discussion of matters |
2 | | classified as
confidential or continued confidential by |
3 | | the State Government Suggestion Award
Board.
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4 | | (21) Discussion of minutes of meetings lawfully closed |
5 | | under this Act,
whether for purposes of approval by the |
6 | | body of the minutes or semi-annual
review of the minutes |
7 | | as mandated by Section 2.06.
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8 | | (22) Deliberations for decisions of the State
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9 | | Emergency Medical Services Disciplinary
Review Board.
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10 | | (23) The operation by a municipality of a municipal |
11 | | utility or the
operation of a
municipal power agency or |
12 | | municipal natural gas agency when the
discussion involves |
13 | | (i) contracts relating to the
purchase, sale, or delivery |
14 | | of electricity or natural gas or (ii) the results
or |
15 | | conclusions of load forecast studies.
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16 | | (24) Meetings of a residential health care facility |
17 | | resident sexual
assault and death review
team or
the |
18 | | Executive
Council under the Abuse Prevention Review
Team |
19 | | Act.
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20 | | (25) Meetings of an independent team of experts under |
21 | | Brian's Law. |
22 | | (26) Meetings of a mortality review team appointed |
23 | | under the Department of Juvenile Justice Mortality Review |
24 | | Team Act. |
25 | | (27) (Blank). |
26 | | (28) Correspondence and records (i) that may not be |
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1 | | disclosed under Section 11-9 of the Illinois Public Aid |
2 | | Code or (ii) that pertain to appeals under Section 11-8 of |
3 | | the Illinois Public Aid Code. |
4 | | (29) Meetings between internal or external auditors |
5 | | and governmental audit committees, finance committees, and |
6 | | their equivalents, when the discussion involves internal |
7 | | control weaknesses, identification of potential fraud risk |
8 | | areas, known or suspected frauds, and fraud interviews |
9 | | conducted in accordance with generally accepted auditing |
10 | | standards of the United States of America. |
11 | | (30) Those meetings or portions of meetings of a |
12 | | fatality review team or the Illinois Fatality Review Team |
13 | | Advisory Council during which a review of the death of an |
14 | | eligible adult in which abuse or neglect is suspected, |
15 | | alleged, or substantiated is conducted pursuant to Section |
16 | | 15 of the Adult Protective Services Act. |
17 | | (31) Meetings and deliberations for decisions of the |
18 | | Concealed Carry Licensing Review Board under the Firearm |
19 | | Concealed Carry Act. |
20 | | (32) Meetings between the Regional Transportation |
21 | | Authority Board and its Service Boards when the discussion |
22 | | involves review by the Regional Transportation Authority |
23 | | Board of employment contracts under Section 28d of the |
24 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
25 | | 3B.26 of the Regional Transportation Authority Act. |
26 | | (33) Those meetings or portions of meetings of the |
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1 | | advisory committee and peer review subcommittee created |
2 | | under Section 320 of the Illinois Controlled Substances |
3 | | Act during which specific controlled substance prescriber, |
4 | | dispenser, or patient information is discussed. |
5 | | (34) Meetings of the Tax Increment Financing Reform |
6 | | Task Force under Section 2505-800 of the Department of |
7 | | Revenue Law of the Civil Administrative Code of Illinois. |
8 | | (35) Meetings of the group established to discuss |
9 | | Medicaid capitation rates under Section 5-30.8 of the |
10 | | Illinois Public Aid Code. |
11 | | (36) Those deliberations or portions of deliberations |
12 | | for decisions of the Illinois Gaming Board in which there |
13 | | is discussed any of the following: (i) personal, |
14 | | commercial, financial, or other information obtained from |
15 | | any source that is privileged, proprietary, confidential, |
16 | | or a trade secret; or (ii) information specifically |
17 | | exempted from the disclosure by federal or State law. |
18 | | (37) Deliberations for decisions of the Illinois Law
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19 | | Enforcement Training Standards Board, the Certification |
20 | | Review Panel, and the Illinois State Police Merit Board |
21 | | regarding certification and decertification. |
22 | | (38) Meetings of the Ad Hoc Statewide Domestic
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23 | | Violence Fatality Review Committee of the Illinois |
24 | | Criminal
Justice Information Authority Board that occur in |
25 | | closed executive session under subsection (d) of Section |
26 | | 35 of the Domestic Violence Fatality Review Act. |
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1 | | (39) Meetings of the regional review teams under |
2 | | subsection (a) of Section 75 of the Domestic Violence |
3 | | Fatality Review Act. |
4 | | (40) Meetings of the Firearm Owner's Identification |
5 | | Card Review Board under Section 10 of the Firearm Owners |
6 | | Identification Card Act. |
7 | | (d) Definitions. For purposes of this Section:
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8 | | "Employee" means a person employed by a public body whose |
9 | | relationship
with the public body constitutes an |
10 | | employer-employee relationship under
the usual common law |
11 | | rules, and who is not an independent contractor.
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12 | | "Public office" means a position created by or under the
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13 | | Constitution or laws of this State, the occupant of which is |
14 | | charged with
the exercise of some portion of the sovereign |
15 | | power of this State. The term
"public office" shall include |
16 | | members of the public body, but it shall not
include |
17 | | organizational positions filled by members thereof, whether
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18 | | established by law or by a public body itself, that exist to |
19 | | assist the
body in the conduct of its business.
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20 | | "Quasi-adjudicative body" means an administrative body |
21 | | charged by law or
ordinance with the responsibility to conduct |
22 | | hearings, receive evidence or
testimony and make |
23 | | determinations based
thereon, but does not include
local |
24 | | electoral boards when such bodies are considering petition |
25 | | challenges.
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26 | | (e) Final action. No final action may be taken at a closed |
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1 | | meeting.
Final action shall be preceded by a public recital of |
2 | | the nature of the
matter being considered and other |
3 | | information that will inform the
public of the business being |
4 | | conducted.
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5 | | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; |
6 | | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. |
7 | | 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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8 | | (5 ILCS 120/7)
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9 | | Sec. 7. Attendance by a means other than physical |
10 | | presence. |
11 | | (a) If a
quorum of the members of the public body is |
12 | | physically present as required by Section 2.01, a majority of |
13 | | the public body may allow a member of that body to attend the |
14 | | meeting by other means if the member is prevented from |
15 | | physically
attending because of: (i) personal illness or |
16 | | disability; (ii) employment purposes or
the
business of the |
17 | | public body; or (iii) a family or other emergency ; or (iv) |
18 | | unexpected childcare obligations .
"Other means" is by video or |
19 | | audio conference.
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20 | | (b) If a member wishes to attend a meeting by other means, |
21 | | the
member must notify the
recording secretary or clerk of the
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22 | | public body before the meeting unless
advance notice is |
23 | | impractical.
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24 | | (c) A majority of the public body may allow a member to |
25 | | attend a meeting by other means only in accordance with and to |
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1 | | the extent allowed by rules adopted by the public body. The |
2 | | rules must conform to the requirements and restrictions of |
3 | | this Section, may further limit the extent to which attendance |
4 | | by other means is allowed, and may provide for the giving of |
5 | | additional notice to the public or further facilitate public |
6 | | access to meetings.
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7 | | (d) The limitations of this Section shall not apply to (i) |
8 | | closed meetings of (A) public bodies with statewide |
9 | | jurisdiction, (B) Illinois library systems with jurisdiction |
10 | | over a specific geographic area of more than 4,500 square |
11 | | miles, (C) municipal transit districts with jurisdiction over |
12 | | a specific geographic area of more than 4,500 square miles, or |
13 | | (D) local workforce innovation areas with jurisdiction over a |
14 | | specific geographic area of more than 4,500 square miles or |
15 | | (ii) open or closed meetings of State advisory boards or |
16 | | bodies that do not have authority to make binding |
17 | | recommendations or determinations or to take any other |
18 | | substantive action. State advisory boards or bodies, public |
19 | | bodies with statewide jurisdiction, Illinois library systems |
20 | | with jurisdiction over a specific geographic area of more than |
21 | | 4,500 square miles, municipal transit districts with |
22 | | jurisdiction over a specific geographic area of more than |
23 | | 4,500 square miles, and local workforce investment areas with |
24 | | jurisdiction over a specific geographic area of more than |
25 | | 4,500 square miles, however, may permit members to attend |
26 | | meetings by other means only in accordance with and to the |
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1 | | extent allowed by specific procedural rules adopted by the |
2 | | body.
For the purposes of this Section, "local workforce |
3 | | innovation area" means any local workforce innovation area or |
4 | | areas designated by the Governor pursuant to the federal |
5 | | Workforce
Innovation and Opportunity Act or its reauthorizing |
6 | | legislation. |
7 | | (e) Subject to the requirements of Section 2.06 but |
8 | | notwithstanding any other provision of law, an open or closed |
9 | | meeting subject to this Act may be conducted by audio or video |
10 | | conference, without the physical presence of a quorum of the |
11 | | members, so long as the following conditions are met: |
12 | | (1) the Governor or the Director of the Illinois |
13 | | Department of Public Health has issued a disaster |
14 | | declaration related to public health concerns because of a |
15 | | disaster as defined in Section 4 of the Illinois Emergency |
16 | | Management Agency Act, and all or part of the jurisdiction |
17 | | of the public body is covered by the disaster area; |
18 | | (2) the head of the public body as defined in |
19 | | subsection (e) of Section 2 of the Freedom of Information |
20 | | Act determines that an in-person meeting or a meeting |
21 | | conducted under this Act is not practical or prudent |
22 | | because of a disaster; |
23 | | (3) all members of the body participating in the |
24 | | meeting, wherever their physical location, shall be |
25 | | verified and can hear one another and can hear all |
26 | | discussion and testimony; |
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1 | | (4) for open meetings, members of the public present |
2 | | at the regular meeting location of the body can hear all |
3 | | discussion and testimony and all votes of the members of |
4 | | the body, unless attendance at the regular meeting |
5 | | location is not feasible due to the disaster, including |
6 | | the issued disaster declaration, in which case the public |
7 | | body must make alternative arrangements and provide notice |
8 | | pursuant to this Section of such alternative arrangements |
9 | | in a manner to allow any interested member of the public |
10 | | access to contemporaneously hear all discussion, |
11 | | testimony, and roll call votes, such as by offering a |
12 | | telephone number or a web-based link; |
13 | | (5) at least one member of the body, chief legal |
14 | | counsel, or chief administrative officer is physically |
15 | | present at the regular meeting location, unless unfeasible |
16 | | due to the disaster, including the issued disaster |
17 | | declaration; and |
18 | | (6) all votes are conducted by roll call, so each |
19 | | member's vote on each issue can be identified and |
20 | | recorded. |
21 | | (7) Except in the event of a bona fide emergency, 48 |
22 | | hours' notice shall be given of a meeting to be held |
23 | | pursuant to this Section. Notice shall be given to all |
24 | | members of the public body, shall be posted on the website |
25 | | of the public body, and shall also be provided to any news |
26 | | media who has requested notice of meetings pursuant to |
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1 | | subsection (a) of Section 2.02 of this Act. If the public |
2 | | body declares a bona fide emergency: |
3 | | (A) Notice shall be given pursuant to subsection |
4 | | (a) of Section 2.02 of this Act, and the presiding |
5 | | officer shall state the nature of the emergency at the |
6 | | beginning of the meeting. |
7 | | (B) The public body must comply with the verbatim |
8 | | recording requirements set forth in Section 2.06 of |
9 | | this Act. |
10 | | (8) Each member of the body participating in a meeting |
11 | | by audio or video conference for a meeting held pursuant |
12 | | to this Section is considered present at the meeting for |
13 | | purposes of determining a quorum and participating in all |
14 | | proceedings. |
15 | | (9) In addition to the requirements for open meetings |
16 | | under Section 2.06, public bodies holding open meetings |
17 | | under this subsection (e) must also keep a verbatim record |
18 | | of all their meetings in the form of an audio or video |
19 | | recording. Verbatim records made under this paragraph (9) |
20 | | shall be made available to the public under, and are |
21 | | otherwise subject to, the provisions of Section 2.06. |
22 | | (10) The public body shall bear all costs associated |
23 | | with compliance with this subsection (e).
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24 | | (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
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