093_SB1586enr

SB1586 Enrolled                      LRB093 08474 JAM 08698 b

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