Full Text of SB2356 102nd General Assembly
SB2356enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Section 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 | 9 | | their
meetings, whether open or closed,
and a verbatim
record | 10 | | of all their closed meetings in the form of an audio or video | 11 | | recording.
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 | 17 | | (3) a summary of discussion on all matters proposed, | 18 | | deliberated,
or decided, and a record of any votes taken. | 19 | | (b) A public body shall approve the minutes of its open | 20 | | meeting within 30 days after that meeting or at the public | 21 | | body's second subsequent regular meeting, whichever is later. | 22 | | The minutes of meetings open to the public shall be available | 23 | | for
public inspection within 10 days after the approval of |
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| 1 | | such minutes by the public
body. Beginning July 1, 2006, at the | 2 | | time it complies with the other requirements of this | 3 | | subsection, a public body that has a website that the | 4 | | full-time staff of the public body maintains shall post the | 5 | | minutes of a regular meeting of its governing body open to the | 6 | | public on the public body's website within 10 days after the | 7 | | approval of the minutes by the public body. Beginning July 1, | 8 | | 2006, any minutes of meetings open to the public posted on the | 9 | | public body's website shall remain posted on the website for | 10 | | at least 60 days after their initial posting.
| 11 | | (c) The verbatim record may be destroyed without | 12 | | notification to or the
approval of a records commission or the | 13 | | State Archivist under the Local Records
Act or the State | 14 | | Records Act no less than 18 months after the completion of the
| 15 | | meeting recorded but only after: | 16 | | (1) the public body
approves the destruction of a | 17 | | particular recording; and | 18 | | (2) the public body approves minutes of the closed | 19 | | meeting that meet the
written minutes requirements of | 20 | | subsection (a) of this Section. | 21 | | (d) Each public body shall periodically , but no less than
| 22 | | semi-annually,
meet to review minutes of all closed meetings. | 23 | | Meetings to review minutes shall occur every 6 months, or as | 24 | | soon thereafter as is practicable, taking into account the | 25 | | nature and meeting schedule of the public body. Committees | 26 | | which are ad hoc in nature shall review closed session minutes |
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| 1 | | at the later of (1) 6 months from the date of the last review | 2 | | of closed session minutes or (2) at the next scheduled meeting | 3 | | of the ad hoc committee. At such
meetings a determination | 4 | | shall be made, and reported in an open session that
(1) the | 5 | | need for confidentiality still exists as to all or part of | 6 | | those
minutes or (2) that the minutes or portions thereof no
| 7 | | longer require
confidential
treatment and are available for | 8 | | public inspection. The failure of a public body to strictly | 9 | | comply with the semi-annual review of closed session written | 10 | | minutes, whether before or after the effective date of this | 11 | | amendatory Act of the 94th General Assembly, shall not cause | 12 | | the written minutes or related verbatim record to become | 13 | | public or available for inspection in any judicial proceeding, | 14 | | other than a proceeding involving an alleged violation of this | 15 | | Act, if the public body, within 60 days of discovering its | 16 | | failure to strictly comply with the technical requirements of | 17 | | this subsection, reviews the closed session minutes and | 18 | | determines and thereafter reports in open session that either | 19 | | (1) the need for confidentiality still exists as to all or part | 20 | | of the minutes or verbatim record, or (2) that the minutes or | 21 | | recordings or portions thereof no longer require confidential | 22 | | treatment and are available for public inspection. | 23 | | (e) Unless the public body has made a determination that | 24 | | the verbatim
recording no longer requires confidential | 25 | | treatment or otherwise consents to
disclosure, the verbatim | 26 | | record of a meeting closed to the public shall not be
open for |
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| 1 | | public inspection or subject to discovery in any | 2 | | administrative
or judicial proceeding other than one brought | 3 | | to enforce this Act. In the case of a civil
action brought to | 4 | | enforce this Act, the court, if the judge believes such an | 5 | | examination is necessary, must conduct such in camera
| 6 | | examination of the verbatim record as it finds appropriate in | 7 | | order to
determine whether there has been a violation of this | 8 | | Act. In the case of a
criminal proceeding, the court may | 9 | | conduct an
examination in order to
determine what portions, if | 10 | | any, must be made available to the parties for use
as evidence | 11 | | in the prosecution. Any such initial inspection must be held | 12 | | in camera. If the court
determines that a complaint or suit | 13 | | brought for noncompliance under this Act
is valid it may, for | 14 | | the purposes of discovery, redact from the minutes of the
| 15 | | meeting closed to the public any information deemed to qualify | 16 | | under the
attorney-client privilege. The provisions of this | 17 | | subsection do not supersede
the privacy or confidentiality | 18 | | provisions of State or federal law. Access to verbatim | 19 | | recordings shall be provided to duly elected officials or | 20 | | appointed officials filling a vacancy of an elected office in | 21 | | a public body, and access shall be granted in the public body's | 22 | | main office or official storage location, in the presence of a | 23 | | records secretary, an administrative official of the public | 24 | | body, or any elected official of the public body. No verbatim | 25 | | recordings shall be recorded or removed from the public body's | 26 | | main office or official storage location, except by vote of |
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| 1 | | the public body or by court order. Nothing in this subsection | 2 | | (e) is intended to limit the Public Access Counselor's access | 3 | | to those records necessary to address a request for | 4 | | administrative review under Section 7.5 of this Act. | 5 | | (f) Minutes of meetings closed to the public shall be | 6 | | available only after
the public body determines that it is no | 7 | | longer necessary to protect the public
interest or the privacy | 8 | | of an individual by keeping them confidential, except that | 9 | | duly elected officials or appointed officials filling a | 10 | | vacancy of an elected office in a public body shall be provided | 11 | | access to minutes of meetings closed to the public. Access to | 12 | | minutes shall be granted in the public body's main office or | 13 | | official storage location, in the presence of a records | 14 | | secretary, an administrative official of the public body, or | 15 | | any elected official of the public body. No minutes of | 16 | | meetings closed to the public shall be removed from the public | 17 | | body's main office or official storage location, except by | 18 | | vote of the public body or by court order. Nothing in this | 19 | | subsection (f) is intended to limit the Public Access | 20 | | Counselor's access to those records necessary to address a | 21 | | request for administrative review under Section 7.5 of this | 22 | | Act. | 23 | | (g) Any person shall be permitted an opportunity to | 24 | | address public officials under the rules established and | 25 | | recorded by the public body. | 26 | | (h) When a public body is dissolved, disbanded, |
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| 1 | | eliminated, or consolidated by executive action, legislative | 2 | | action, or referendum, and its functions and responsibilities | 3 | | are assumed by a unit of local government, the unit of local | 4 | | government which assumes the functions of the prior public | 5 | | body shall review the closed session minutes of that public | 6 | | body pursuant to subsection (d). | 7 | | (Source: P.A. 99-515, eff. 6-30-16.)
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