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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Section 2.06 as follows:
6    (5 ILCS 120/2.06)  (from Ch. 102, par. 42.06)
7    Sec. 2.06. Minutes; right to speak.
8    (a) All public bodies shall keep written minutes of all
9their meetings, whether open or closed, and a verbatim record
10of all their closed meetings in the form of an audio or video
11recording. Minutes 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 either
14    present or absent and whether the members were physically
15    present or present by means of video or audio conference;
16    and
17        (3) a summary of discussion on all matters proposed,
18    deliberated, or decided, and a record of any votes taken.
19    (b) A public body shall approve the minutes of its open
20meeting within 30 days after that meeting or at the public
21body's second subsequent regular meeting, whichever is later.
22The minutes of meetings open to the public shall be available
23for public inspection within 10 days after the approval of such



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1minutes by the public body. Beginning July 1, 2006, at the time
2it complies with the other requirements of this subsection, a
3public body that has a website that the full-time staff of the
4public body maintains shall post the minutes of a regular
5meeting of its governing body open to the public on the public
6body's website within 10 days after the approval of the minutes
7by the public body. Beginning July 1, 2006, any minutes of
8meetings open to the public posted on the public body's website
9shall remain posted on the website for at least 60 days after
10their initial posting.
11    (c) The verbatim record may be destroyed without
12notification to or the approval of a records commission or the
13State Archivist under the Local Records Act or the State
14Records Act no less than 18 months after the completion of the
15meeting recorded but only after:
16        (1) the public body approves the destruction of a
17    particular recording; and
18        (2) the public body approves minutes of the closed
19    meeting that meet the written minutes requirements of
20    subsection (a) of this Section.
21    (d) Each public body shall periodically, but no less than
22semi-annually, meet to review minutes of all closed meetings.
23At such meetings a determination shall be made, and reported in
24an open session that (1) the need for confidentiality still
25exists as to all or part of those minutes or (2) that the
26minutes or portions thereof no longer require confidential



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1treatment and are available for public inspection. The failure
2of a public body to strictly comply with the semi-annual review
3of closed session written minutes, whether before or after the
4effective date of this amendatory Act of the 94th General
5Assembly, shall not cause the written minutes or related
6verbatim record to become public or available for inspection in
7any judicial proceeding, other than a proceeding involving an
8alleged violation of this Act, if the public body, within 60
9days of discovering its failure to strictly comply with the
10technical requirements of this subsection, reviews the closed
11session minutes and determines and thereafter reports in open
12session that either (1) the need for confidentiality still
13exists as to all or part of the minutes or verbatim record, or
14(2) that the minutes or recordings or portions thereof no
15longer require confidential treatment and are available for
16public inspection.
17    (e) Unless the public body has made a determination that
18the verbatim recording no longer requires confidential
19treatment or otherwise consents to disclosure, the verbatim
20record of a meeting closed to the public shall not be open for
21public inspection or subject to discovery in any administrative
22or judicial proceeding other than one brought to enforce this
23Act. In the case of a civil action brought to enforce this Act,
24the court, if the judge believes such an examination is
25necessary, must conduct such in camera examination of the
26verbatim record as it finds appropriate in order to determine



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1whether there has been a violation of this Act. In the case of
2a criminal proceeding, the court may conduct an examination in
3order to determine what portions, if any, must be made
4available to the parties for use as evidence in the
5prosecution. Any such initial inspection must be held in
6camera. If the court determines that a complaint or suit
7brought for noncompliance under this Act is valid it may, for
8the purposes of discovery, redact from the minutes of the
9meeting closed to the public any information deemed to qualify
10under the attorney-client privilege. The provisions of this
11subsection do not supersede the privacy or confidentiality
12provisions of State or federal law.
13    (f) Minutes of meetings closed to the public shall be
14available only after the public body determines that it is no
15longer necessary to protect the public interest or the privacy
16of an individual by keeping them confidential.
17    (f-5) Any and all available minutes and verbatim recordings
18of meetings closed to the public prior to a newly elected
19official's term in a public body shall be available to that
20official for review, regardless of whether those minutes or
21verbatim recordings are confidential.
22    (g) Any person shall be permitted an opportunity to address
23public officials under the rules established and recorded by
24the public body.
25(Source: P.A. 96-1473, eff. 1-1-11.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.