Public Act 094-0542
 		





SB1857 Enrolled
LRB094 04298 JAM 34323 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 
Section 2.06 as follows:
 



    (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.

    (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. The failure 
of a public body to strictly comply with the semi-annual review 
of closed session written minutes, whether before or after the 
effective date of this amendatory Act of the 94th General 
Assembly, shall not cause the written minutes or related 
verbatim record to become public or available for inspection in 
any judicial proceeding, other than a proceeding involving an 
alleged violation of this Act, if the public body, within 60 
days of discovering its failure to strictly comply with the 
technical requirements of this subsection, reviews the closed 
session minutes and determines and thereafter reports in open 
session that either (1) the need for confidentiality still 
exists as to all or part of the minutes or verbatim record, or 
(2) that the minutes or recordings 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.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.