Illinois General Assembly - Full Text of SB1586
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Full Text of SB1586  93rd General Assembly

SB1586sam002 93rd General Assembly


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
 
                            -2-      LRB093 08474 JAM 13886 a
 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
 
                            -3-      LRB093 08474 JAM 13886 a
 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.)".