Public Act 094-0028
 		





SB0226 Enrolled
LRB094 07769 JAM 37947 b






    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Open Meetings Act is amended  by changing 
Sections 2.02 and 2.06 as follows:
 



    (5 ILCS 120/2.02)  (from Ch. 102, par. 42.02)



    Sec. 2.02. Public notice of all meetings, whether open or 
closed to
the public, shall be given as follows:

    (a) Every public body shall give public notice
of the 
schedule of regular meetings at the beginning of each calendar 
or fiscal
year and shall state the regular dates, times, and 
places of such meetings.
An agenda for each regular meeting 
shall be posted at the principal office of
the public body and 
at the location where the meeting is to be held at least 48 
hours in
advance of the holding of the meeting. A public body 
that has a website that the full-time staff of the public body 
maintains shall also post on its website the agenda of any 
regular meetings of the governing body of that public body. Any 
agenda of a regular meeting that is posted on a public body's 
website shall remain posted on the website until the regular 
meeting is concluded.  The requirement of a regular
meeting 
agenda shall not preclude the consideration of items not 
specifically
set forth in the agenda.
Public
notice of any 
special meeting except a meeting held in the event of a
bona 
fide emergency, or of any rescheduled regular meeting, or of 
any
reconvened meeting, shall be given at least 48 hours before 
such
meeting, which notice shall also include the agenda for 
the special,
rescheduled,
or reconvened meeting, but the 
validity of any action taken by the public
body which is 
germane to a subject on the agenda shall not be affected by

other errors or omissions in the agenda.  The requirement
of 
public notice of reconvened meetings does
not apply to any case 
where the meeting was open to the public and (1)
it is to be 
reconvened within 24 hours, or (2) an announcement of
the time 
and place of the reconvened meeting was
made at the original 
meeting and there is no change in the agenda. Notice
of an 
emergency meeting shall be given as soon as practicable, but in 
any
event prior to the holding of such meeting, to any news 
medium which has
filed an annual request for notice under 
subsection (b) of this Section.

    (b) Public notice shall be given by posting a copy of the 
notice at the
principal office of the body holding the meeting 
or, if no such office exists,
at the building in which the 
meeting
is to be held. In addition, a public body that has a 
website that the full-time staff of the public body maintains 
shall post notice on its website of all meetings of the 
governing body of the public body. Any notice of an annual 
schedule of meetings shall remain on the website until a new 
public notice of the schedule of regular meetings is approved.  
Any notice of a regular meeting that is posted on a public 
body's website shall remain posted on the website until the 
regular meeting is concluded. The body shall supply copies of 
the notice of its regular
meetings, and of the notice of any 
special,
emergency, rescheduled or reconvened meeting, to any 
news medium
that has filed an annual request for such notice. 
Any such news
medium shall also be given the same notice of all 
special,
emergency, rescheduled or reconvened meetings in the 
same manner as
is given to members of the body provided such 
news medium has given the
public body an address or telephone 
number within the territorial jurisdiction
of the public body 
at which such notice may be given. 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.


(Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)

 



    (5 ILCS 120/2.06)  (from Ch. 102, par. 42.06)



    Sec. 2.06. (a) All public bodies shall keep written minutes 
of all their
 meetings, whether open or closed,
and a verbatim

record of all their closed meetings in the form of an audio or 
video recording.
Minutes
shall include, but need not be limited 
to:


        (1) the date, time and place of the meeting;


        (2) the members of the public body recorded as either 
    present or absent;
and


        (3) a summary of discussion on all matters proposed, 
    deliberated,
or decided, and a record of any votes taken.

    (b) The minutes of meetings open to the public shall be 
available for
public inspection within 7 days of the approval 
of such minutes by the public
body. Beginning July 1, 2006, at 
the time it complies with the other requirements of this 
subsection, a public body that has a website that the full-time 
staff of the public body maintains shall post the minutes of a 
regular meeting of its governing body open to the public on the 
public body's website within 7 days of the approval of the 
minutes by the public body. Beginning July 1, 2006, any minutes 
of meetings open to the public posted on the public body's 
website shall remain posted on the website for at least 60 days 
after their initial posting.


    (c) The verbatim record may be destroyed without 
notification to or the
approval of a records commission or the 
State Archivist under the Local Records
Act or the State 
Records Act no less than 18 months after the completion of the

meeting recorded but only after:


        (1) the public body
approves the destruction of a 
    particular recording; and


        (2) the public body approves minutes of the closed 
    meeting that meet the
written minutes requirements of 
    subsection (a) of this Section.

    (d) Each public body shall periodically, but no less than

semi-annually,
meet to review minutes of all closed meetings.  
At such
meetings a determination shall be made, and reported in 
an open session that
(1) the need for confidentiality still 
exists as to all or part of those
minutes or (2) that the 
minutes or portions thereof no
longer require
confidential

treatment and are available for public inspection.

    (e) Unless the public body has made a determination that 
the verbatim
recording no longer requires confidential 
treatment or otherwise consents to
disclosure, the verbatim 
record of a meeting closed to the public shall not be
open for 
public inspection or subject to discovery in any administrative

or judicial proceeding other than one brought to enforce this 
Act. In the case of a civil
action brought to enforce this Act, 
the court, if the judge believes such an examination is 
necessary, must conduct such in camera
examination of the 
verbatim record as it finds appropriate in order to
determine 
whether there has been a violation of this Act. In the case of 
a
criminal proceeding, the court may conduct an
examination in 
order to
determine what portions, if any, must be made 
available to the parties for use
as evidence in the 
prosecution. Any such initial inspection must be held in 
camera. If the court
determines that a complaint or suit 
brought for noncompliance under this Act
is valid it may, for 
the purposes of discovery, redact from the minutes of the

meeting closed to the public any information deemed to qualify 
under the
attorney-client privilege. The provisions of this 
subsection do not supersede
the privacy or confidentiality 
provisions of State or federal law.

    (f) Minutes of meetings closed to the public shall be 
available only after
the public body determines that it is no 
longer necessary to protect the public
interest or the privacy 
of an individual by keeping them confidential.

(Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)