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SB1857 Enrolled |
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LRB094 04298 JAM 34323 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Open Meetings Act is amended by changing |
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| Section 2.06 as follows:
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| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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| Sec. 2.06. (a) All public bodies shall keep written minutes |
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| of all their
meetings, whether open or closed,
and a verbatim
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| record of all their closed meetings in the form of an audio or |
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| video recording.
Minutes
shall include, but need not be limited |
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| to:
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| (1) the date, time and place of the meeting;
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| (2) the members of the public body recorded as either |
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| present or absent;
and
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| (3) a summary of discussion on all matters proposed, |
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| deliberated,
or decided, and a record of any votes taken.
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| (b) The minutes of meetings open to the public shall be |
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| available for
public inspection within 7 days of the approval |
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| of such minutes by the public
body.
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| (c) The verbatim record may be destroyed without |
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| notification to or the
approval of a records commission or the |
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| State Archivist under the Local Records
Act or the State |
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| Records Act no less than 18 months after the completion of the
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| meeting recorded but only after:
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| (1) the public body
approves the destruction of a |
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| particular recording; and
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| (2) the public body approves minutes of the closed |
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| meeting that meet the
written minutes requirements of |
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| subsection (a) of this Section.
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| (d) Each public body shall periodically, but no less than
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| semi-annually,
meet to review minutes of all closed meetings. |
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| At such
meetings a determination shall be made, and reported in |
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SB1857 Enrolled |
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LRB094 04298 JAM 34323 b |
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| an open session that
(1) the need for confidentiality still |
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| exists as to all or part of those
minutes or (2) that the |
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| minutes or portions thereof no
longer require
confidential
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| treatment and are available for public inspection. The failure |
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| of a public body to strictly comply with the semi-annual review |
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| of closed session written minutes, whether before or after the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, shall not cause the written minutes or related |
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| verbatim record to become public or available for inspection in |
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| any judicial proceeding, other than a proceeding involving an |
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| alleged violation of this Act, if the public body, within 60 |
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| days of discovering its failure to strictly comply with the |
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| technical requirements of this subsection, reviews the closed |
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| session minutes and determines and thereafter reports in open |
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| session that either (1) the need for confidentiality still |
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| exists as to all or part of the minutes or verbatim record, or |
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| (2) that the minutes or recordings or portions thereof no |
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| longer require confidential treatment and are available for |
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| public inspection.
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| (e) Unless the public body has made a determination that |
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| the verbatim
recording no longer requires confidential |
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| treatment or otherwise consents to
disclosure, the verbatim |
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| record of a meeting closed to the public shall not be
open for |
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| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this |
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| Act. In the case of a civil
action brought to enforce this Act, |
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| the court, if the judge believes such an examination is |
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| necessary, must conduct such in camera
examination of the |
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| verbatim record as it finds appropriate in order to
determine |
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| whether there has been a violation of this Act. In the case of |
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| a
criminal proceeding, the court may conduct an
examination in |
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| order to
determine what portions, if any, must be made |
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| available to the parties for use
as evidence in the |
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| prosecution. Any such initial inspection must be held in |
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| camera. If the court
determines that a complaint or suit |
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| brought for noncompliance under this Act
is valid it may, for |
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| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify |
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| under the
attorney-client privilege. The provisions of this |
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| subsection do not supersede
the privacy or confidentiality |
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| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be |
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| available only after
the public body determines that it is no |
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| longer necessary to protect the public
interest or the privacy |
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| of an individual by keeping them confidential.
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| (Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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