93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2458


 
Introduced 2/3/2004, by Dale A. Righter
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Open Meetings Act. Provides that, in the case of a civil action
brought to enforce the Act, the court shall (now, may) conduct an in camera
examination
of the verbatim record of a closed meeting as it finds appropriate in order to
determine
whether there has been a violation of the Act and, in the case of a criminal
proceeding,
shall (now, may) conduct an in camera examination of the verbatim record of a
closed
meeting in order to determine what portions, if any, must be made available to
the parties
for use as evidence in the prosecution. Effective January 1, 2005.



















LRB093 18536 SJM 44257 b




















 


 


A BILL FOR









 














SB2458

LRB093 18536 SJM 44257 b









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    AN ACT in relation to open meetings. 

 
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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
open meetings
and a verbatim
record of all their 
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closed meetings in the form of an audio or video recording.

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Minutes
shall include, but need not be limited 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 and recordings of all 
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closed meetings.  At such
meetings a determination shall be 
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made, and reported in an open session that
(1) the need for 
 


 









SB2458
- 2 -
LRB093 18536 SJM 44257 b







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confidentiality still exists as to all or part of those
minutes 
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or (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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proceeding other than one brought to enforce this Act. In the 
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case of a civil
action brought to enforce this Act, the court 
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shall
may conduct such in
camera
examination of the verbatim 
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record as it finds appropriate in order to
determine whether 
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there has been a violation of this Act. In the case of a

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criminal proceeding, the court shall
may conduct an in camera

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examination
in order to
determine what portions, if any, must 
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be made available to the parties for use
as evidence in the 
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prosecution. If the court or administrative hearing officer

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determines that a complaint or suit brought for noncompliance 
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under this Act
is valid it may, for the purposes of discovery, 
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redact from the minutes of the
meeting closed to the public any 
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information deemed to qualify under the
attorney-client 
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privilege. The provisions of this subsection do not supersede

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the privacy or confidentiality provisions of State or federal 
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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.)


 
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    Section 99. Effective date.   This Act takes effect on 
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January 1, 2005.