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| Public Act 099-0515 | ||||
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AN ACT concerning government.
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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 | ||||
Section 2.06 as follows: | ||||
(5 ILCS 120/2.06) (from Ch. 102, par. 42.06) | ||||
Sec. 2.06. Minutes; right to speak. | ||||
(a) All public bodies shall keep written minutes of all | ||||
their
meetings, whether open or closed,
and a verbatim
record | ||||
of all their closed meetings in the form of an audio or video | ||||
recording.
Minutes
shall include, but need not be limited to: | ||||
(1) the date, time and place of the meeting; | ||||
(2) the members of the public body recorded as either | ||||
present or absent and whether the members were physically | ||||
present or present by means of video or audio conference;
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and | ||||
(3) a summary of discussion on all matters proposed, | ||||
deliberated,
or decided, and a record of any votes taken. | ||||
(b) A public body shall approve the minutes of its open | ||||
meeting within 30 days after that meeting or at the public | ||||
body's second subsequent regular meeting, whichever is later. | ||||
The minutes of meetings open to the public shall be available | ||||
for
public inspection within 10 days after the approval of such | ||||
minutes by the public
body. Beginning July 1, 2006, at the time | ||
it complies with the other requirements of this subsection, a | ||
public body that has a website that the full-time staff of the | ||
public body maintains shall post the minutes of a regular | ||
meeting of its governing body open to the public on the public | ||
body's website within 10 days after the approval of the minutes | ||
by the public body. Beginning July 1, 2006, any minutes of | ||
meetings open to the public posted on the public body's website | ||
shall remain posted on the website for at least 60 days after | ||
their initial posting.
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(c) The verbatim record may be destroyed without | ||
notification to or the
approval of a records commission or the | ||
State Archivist under the Local Records
Act or the State | ||
Records Act no less than 18 months after the completion of the
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meeting recorded but only after: | ||
(1) the public body
approves the destruction of a | ||
particular recording; and | ||
(2) the public body approves minutes of the closed | ||
meeting that meet the
written minutes requirements of | ||
subsection (a) of this Section. | ||
(d) Each public body shall periodically, but no less than
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semi-annually,
meet to review minutes of all closed meetings. | ||
At such
meetings a determination shall be made, and reported in | ||
an open session that
(1) the need for confidentiality still | ||
exists as to all or part of those
minutes or (2) that the | ||
minutes or portions thereof no
longer require
confidential
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treatment and are available for public inspection. The failure | ||
of a public body to strictly comply with the semi-annual review | ||
of closed session written minutes, whether before or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, shall not cause the written minutes or related | ||
verbatim record to become public or available for inspection in | ||
any judicial proceeding, other than a proceeding involving an | ||
alleged violation of this Act, if the public body, within 60 | ||
days of discovering its failure to strictly comply with the | ||
technical requirements of this subsection, reviews the closed | ||
session minutes and determines and thereafter reports in open | ||
session that either (1) the need for confidentiality still | ||
exists as to all or part of the minutes or verbatim record, or | ||
(2) that the minutes or recordings or portions thereof no | ||
longer require confidential treatment and are available for | ||
public inspection. | ||
(e) Unless the public body has made a determination that | ||
the verbatim
recording no longer requires confidential | ||
treatment or otherwise consents to
disclosure, the verbatim | ||
record of a meeting closed to the public shall not be
open for | ||
public inspection or subject to discovery in any administrative
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or judicial proceeding other than one brought to enforce this | ||
Act. In the case of a civil
action brought to enforce this Act, | ||
the court, if the judge believes such an examination is | ||
necessary, must conduct such in camera
examination of the | ||
verbatim record as it finds appropriate in order to
determine | ||
whether there has been a violation of this Act. In the case of | ||
a
criminal proceeding, the court may conduct an
examination in | ||
order to
determine what portions, if any, must be made | ||
available to the parties for use
as evidence in the | ||
prosecution. Any such initial inspection must be held in | ||
camera. If the court
determines that a complaint or suit | ||
brought for noncompliance under this Act
is valid it may, for | ||
the purposes of discovery, redact from the minutes of the
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meeting closed to the public any information deemed to qualify | ||
under the
attorney-client privilege. The provisions of this | ||
subsection do not supersede
the privacy or confidentiality | ||
provisions of State or federal law. Access to verbatim | ||
recordings shall be provided to duly elected officials or | ||
appointed officials filling a vacancy of an elected office in a | ||
public body, and access shall be granted in the public body's | ||
main office or official storage location, in the presence of a | ||
records secretary, an administrative official of the public | ||
body, or any elected official of the public body. No verbatim | ||
recordings shall be recorded or removed from the public body's | ||
main office or official storage location, except by vote of the | ||
public body or by court order. Nothing in this subsection (e) | ||
is intended to limit the Public Access Counselor's access to | ||
those records necessary to address a request for administrative | ||
review under Section 7.5 of this Act. | ||
(f) Minutes of meetings closed to the public shall be | ||
available only after
the public body determines that it is no | ||
longer necessary to protect the public
interest or the privacy | ||
of an individual by keeping them confidential, except that duly | ||
elected officials or appointed officials filling a vacancy of | ||
an elected office in a public body shall be provided access to | ||
minutes of meetings closed to the public. Access to minutes | ||
shall be granted in the public body's main office or official | ||
storage location, in the presence of a records secretary, an | ||
administrative official of the public body, or any elected | ||
official of the public body. No minutes of meetings closed to | ||
the public shall be removed from the public body's main office | ||
or official storage location, except by vote of the public body | ||
or by court order. Nothing in this subsection (f) is intended | ||
to limit the Public Access Counselor's access to those records | ||
necessary to address a request for administrative review under | ||
Section 7.5 of this Act. | ||
(g) Any person shall be permitted an opportunity to address | ||
public officials under the rules established and recorded by | ||
the public body. | ||
(Source: P.A. 96-1473, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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