Illinois General Assembly - Full Text of HB3901
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Full Text of HB3901  93rd General Assembly

HB3901 93rd General Assembly


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
 
                            -2-      LRB093 14309 SJM 19878 b
 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
 
                            -3-      LRB093 14309 SJM 19878 b
 1    January 1, 2004.