093_SB1586sam002
LRB093 08474 JAM 13886 a
1 AMENDMENT TO SENATE BILL 1586
2 AMENDMENT NO. . Amend Senate Bill 1586, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Open Meetings Act is amended by changing
6 Section 2.06 as follows:
7 (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
8 Sec. 2.06. (a) All public bodies shall keep written
9 minutes of all their open meetings and a verbatim record of
10 all their closed meetings in the form of an audio or video
11 recording. Minutes , whether open or closed. Such minutes
12 shall include, but need not be limited to:
13 (1) the date, time and place of the meeting;
14 (2) the members of the public body recorded as
15 either present or absent; and
16 (3) a summary of discussion on all matters
17 proposed, deliberated, or decided, and a record of any
18 votes taken.
19 (b) The minutes of meetings open to the public shall be
20 available for public inspection within 7 days of the approval
21 of such minutes by the public body.
22 (c) The verbatim record may be destroyed without
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1 notification to or the approval of a records commission or
2 the State Archivist under the Local Records Act or the State
3 Records Act no less than 18 months after the completion of
4 the meeting recorded but only after: Minutes of meetings
5 closed to the public shall be available only after
6 (1) the public body approves the destruction of a
7 particular recording; and
8 (2) the public body approves minutes of the closed
9 meeting that meet the written minutes requirements of
10 subsection (a) of this Section. determines that it is no
11 longer necessary to protect the public interest or the
12 privacy of an individual by keeping them confidential.
13 (c)
14 (d) Each public body shall periodically, but no less
15 than semi-annually, meet to review minutes and recordings of
16 all closed meetings. At such meetings a determination shall
17 be made, and reported in an open session that (1) the need
18 for confidentiality still exists as to all or part of those
19 minutes or (2) that the minutes or recordings or portions
20 thereof no longer require confidential treatment and are
21 available for public inspection.
22 (e) Unless the public body has made a determination that
23 the verbatim recording no longer requires confidential
24 treatment or otherwise consents to disclosure, the verbatim
25 record of a meeting closed to the public shall not be open
26 for public inspection or subject to discovery in any
27 administrative proceeding other than one brought to enforce
28 this Act. In the case of a civil action brought to enforce
29 this Act, the court may conduct such in camera examination of
30 the verbatim record as it finds appropriate in order to
31 determine whether there has been a violation of this Act. In
32 the case of a criminal proceeding, the court may conduct an
33 in camera examination in order to determine what portions, if
34 any, must be made available to the parties for use as
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1 evidence in the prosecution. If the court or administrative
2 hearing officer determines that a complaint or suit brought
3 for noncompliance under this Act is valid it may, for the
4 purposes of discovery, redact from the minutes of the meeting
5 closed to the public any information deemed to qualify under
6 the attorney-client privilege. The provisions of this
7 subsection do not supersede the privacy or confidentiality
8 provisions of State or federal law.
9 (f) Minutes of meetings closed to the public shall be
10 available only after the public body determines that it is no
11 longer necessary to protect the public interest or the
12 privacy of an individual by keeping them confidential.
13 (Source: P.A. 88-621, eff. 1-1-95.)".