093_HB3901
LRB093 14309 SJM 19878 b
1 AN ACT in relation to open meetings.
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. (a) All public bodies shall keep written
8 minutes of all their open meetings and a verbatim record of
9 all their closed meetings in the form of an audio or video
10 recording. Minutes shall include, but need not be limited to:
11 (1) the date, time and place of the meeting;
12 (2) the members of the public body recorded as
13 either present or absent; and
14 (3) a summary of discussion on all matters
15 proposed, deliberated, or decided, and a record of any
16 votes taken.
17 (b) The minutes of meetings open to the public shall be
18 available for public inspection within 7 days of the approval
19 of such minutes by the public body.
20 (c) The verbatim record may be destroyed without
21 notification to or the approval of a records commission or
22 the State Archivist under the Local Records Act or the State
23 Records Act no less than 18 months after the completion of
24 the meeting recorded but only after:
25 (1) the public body approves the destruction of a
26 particular recording; and
27 (2) the public body approves minutes of the closed
28 meeting that meet the written minutes requirements of
29 subsection (a) of this Section.
30 (d) Each public body shall periodically, but no less
31 than semi-annually, meet to review minutes and recordings of
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1 all closed meetings. At such meetings a determination shall
2 be made, and reported in an open session that (1) the need
3 for confidentiality still exists as to all or part of those
4 minutes or (2) that the minutes or recordings or portions
5 thereof no longer require confidential treatment and are
6 available for public inspection.
7 (e) Unless the public body has made a determination that
8 the verbatim recording no longer requires confidential
9 treatment or otherwise consents to disclosure, the verbatim
10 record of a meeting closed to the public shall not be open
11 for public inspection or subject to discovery in any
12 administrative proceeding other than one brought to enforce
13 this Act. In the case of a civil action brought to enforce
14 this Act, the court shall may conduct such in camera
15 examination of the verbatim record as it finds appropriate in
16 order to determine whether there has been a violation of this
17 Act. In the case of a criminal proceeding, the court shall
18 may conduct an in camera examination in order to determine
19 what portions, if any, must be made available to the parties
20 for use as evidence in the prosecution. If the court or
21 administrative hearing officer determines that a complaint or
22 suit brought for noncompliance under this Act is valid it
23 may, for the purposes of discovery, redact from the minutes
24 of the meeting closed to the public any information deemed to
25 qualify under the attorney-client privilege. The provisions
26 of this subsection do not supersede the privacy or
27 confidentiality provisions of State or federal law.
28 (f) Minutes of meetings closed to the public shall be
29 available only after the public body determines that it is no
30 longer necessary to protect the public interest or the
31 privacy of an individual by keeping them confidential.
32 (Source: P.A. 93-523, eff. 1-1-04.)
33 Section 99. Effective date. This Act takes effect on
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1 January 1, 2004.