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