- Introduced -

SB 889 - The act includes a bi-state development agency in the definition of "quasi-public governmental body". Any votes taken during a closed or open meeting shall be by roll call, except on unanimous votes of the members present. The act provides that votes taken by a public body in a closed meeting regarding legal actions, the acquiring of real property, or personnel matters must be taken by roll call vote and the results of the vote be made public. No vote may be closed without an affirmative vote of the body.

The act requires production of public records, and the fees for copying shall not exceed the amounts charged by the Secretary of State. The Attorney General is authorized to attempt to resolve disputers or complaints, and to review open and closed records, except for privileged communications. Closed records shall remain closed, unless the Attorney General determines that closure was unlawful, in which case he shall be entitled to use the records in an action to enforce the Sunshine Law. The act allows a civil penalty if a governmental body has "knowingly" violated the Sunshine Law. Currently, the governmental body must "purposely" violate the Sunshine Law. If a purposeful violation of the Sunshine Law is found, then the court may award costs and reasonable attorneys fees to the other party.

This act is similar to SB 144 (2003).

JIM ERTLE