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| Public Act 094-0542 |
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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:
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(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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Sec. 2.06. (a) All public bodies shall keep written minutes | ||||
of all their
meetings, whether open or closed,
and a verbatim
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record of all their closed meetings in the form of an audio or | ||||
video recording.
Minutes
shall include, but need not be limited | ||||
to:
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(1) the date, time and place of the meeting;
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(2) the members of the public body recorded as either | ||||
present or absent;
and
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(3) a summary of discussion on all matters proposed, | ||||
deliberated,
or decided, and a record of any votes taken.
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(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.
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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:
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(1) the public body
approves the destruction of a | ||||
particular recording; and
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(2) the public body approves minutes of the closed | ||||
meeting that meet the
written minutes requirements of | ||||
subsection (a) of this Section.
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(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.
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(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.
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(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.
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(Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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