Public Act 93-0523

SB1586 Enrolled                      LRB093 08474 JAM 08698 b

    AN ACT concerning open meetings.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    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.   (a)  All  public  bodies shall keep written
minutes of all their open meetings and a verbatim  record  of
all  their  closed  meetings in the form of an audio or video
recording. Minutes , whether open  or  closed.  Such  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
         (3)  a  summary  of  discussion   on   all   matters
    proposed,  deliberated,  or  decided, and a record of any
    votes taken.
    (b)  The minutes of meetings open to the public shall  be
available for public inspection within 7 days of the approval
of such minutes by the public body.
    (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  meeting  recorded  but  only  after: Minutes of meetings
closed to the public shall be available 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. determines that it is no
    longer necessary to protect the public  interest  or  the
    privacy  of  an  individual by keeping them confidential.
    (c)
    (d)  Each public body shall  periodically,  but  no  less
than  semi-annually, meet to review minutes and recordings 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 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  proceeding  other than one brought to enforce
this Act. In the case of a civil action  brought  to  enforce
this Act, the court may 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
in camera examination in order to determine what portions, if
any, must be  made  available  to  the  parties  for  use  as
evidence  in  the prosecution. If the court or administrative
hearing officer 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 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.
    (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.
(Source: P.A. 88-621, eff. 1-1-95.)