Bill Text: IL HB5624 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that for a 3-member public body, "meeting" does not include a gathering of 2 members of the public body, except when gathered for a regularly scheduled meeting, or otherwise gathered to adopt any motion, resolution, or ordinance. Provides that for a 3-member body, 2 members of the body constitute a quorum and the affirmative vote of 2 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise provided. Allows a Police District Council to conduct a closed meeting if discussion of an issue of public safety concerns: (i) the privacy of individuals involved; (ii) law enforcement or official misconduct investigations involving specific individuals; or (iii) other topics that if discussed in an open meeting would pose an unreasonable risk to an ongoing criminal investigation, or an unreasonable risk to the safety of the general public. Allows a public body that has a website which is maintained by full-time staff of the public body to post public notice for a special meeting solely by posting notice on its website. Adds a provision allowing Police District Councils, created pursuant to the Municipal Code of Chicago, to hold meetings (other than the required regularly scheduled monthly meetings) by audio or video conference, without the physical presence of the members, subject to specified conditions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5624 Detail]

Download: Illinois-2023-HB5624-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5624 Introduced 2/9/2024, by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
5 ILCS 120/1.02 from Ch. 102, par. 41.02
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 120/2.02 from Ch. 102, par. 42.02
5 ILCS 120/2.07 new
Amends the Open Meetings Act. Provides that for a 3-member public body, "meeting" does not include a gathering of 2 members of the public body, except when gathered for a regularly scheduled meeting, or otherwise gathered to adopt any motion, resolution, or ordinance. Provides that for a 3-member body, 2 members of the body constitute a quorum and the affirmative vote of 2 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise provided. Allows a Police District Council to conduct a closed meeting if discussion of an issue of public safety concerns: (i) the privacy of individuals involved; (ii) law enforcement or official misconduct investigations involving specific individuals; or (iii) other topics that if discussed in an open meeting would pose an unreasonable risk to an ongoing criminal investigation, or an unreasonable risk to the safety of the general public. Allows a public body that has a website which is maintained by full-time staff of the public body to post public notice for a special meeting solely by posting notice on its website. Adds a provision allowing Police District Councils, created pursuant to the Municipal Code of Chicago, to hold meetings (other than the required regularly scheduled monthly meetings) by audio or video conference, without the physical presence of the members, subject to specified conditions.
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A BILL FOR
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AN ACT concerning government.
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
Sections 1.02, 2, and 2.02 and by adding Section 2.07 as
follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering, whether in person or by
video or audio conference, telephone call, electronic means
(such as, without limitation, electronic mail, electronic
chat, and instant messaging), or other means of
contemporaneous interactive communication, of a majority of a
quorum of the members of a public body held for the purpose of
discussing public business or, for a 5-member public body, a
quorum of the members of a public body held for the purpose of
discussing public business. For a 3-member public body,
"meeting" does not include a gathering of 2 members of the
public body, except when gathered for a regularly scheduled
meeting, or otherwise gathered to adopt any motion,
resolution, or ordinance.
Accordingly, for a 5-member public body, 3 members of the
body constitute a quorum and the affirmative vote of 3 members

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is necessary to adopt any motion, resolution, or ordinance,
unless a greater number is otherwise required. For a 3-member
body, 2 members of the body constitute a quorum and the
affirmative vote of 2 members is necessary to adopt any
motion, resolution, or ordinance, unless a greater number is
otherwise provided.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported in
whole or in part by tax revenue, or which expend tax revenue,
except the General Assembly and committees or commissions
thereof. "Public body" includes tourism boards and convention
or civic center boards located in counties that are contiguous
to the Mississippi River with populations of more than 250,000
but less than 300,000. "Public body" includes the Health
Facilities and Services Review Board. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, an ethics commission acting under the
State Officials and Employees Ethics Act, a regional youth
advisory board or the Statewide Youth Advisory Board
established under the Department of Children and Family

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Services Statewide Youth Advisory Board Act, or the Illinois
Independent Tax Tribunal.
(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent

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contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(4.5) Evidence or testimony presented to a school

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board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board prepares and makes
available for public inspection a written decision setting
forth its determinative reasoning.
(4.7) A meeting held by a Police District Council,
created pursuant to Section 2-80-070 of the Municipal Code
of Chicago, where discussion of an issue of public safety
concerns: (i) the privacy of individuals involved; (ii)
law enforcement or official misconduct investigations
involving specific individuals; or (iii) other topics that
if discussed in an open meeting would pose an unreasonable
risk to an ongoing criminal investigation, or an
unreasonable risk to the safety of the general public.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to

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respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are

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authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.

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(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.

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(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion

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involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.

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(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct

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hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)
(5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
Sec. 2.02. Public notice of all meetings, whether open or
closed to the public, shall be given as follows:
(a) Every public body shall give public notice of the
schedule of regular meetings at the beginning of each calendar
or fiscal year and shall state the regular dates, times, and
places of such meetings. An agenda for each regular meeting
shall be posted at the principal office of the public body, if
such an office exists, and at the location where the meeting is
to be held at least 48 hours in advance of the holding of the
meeting. A public body that has a website that the full-time
staff of the public body maintains shall also post on its
website the agenda of any regular meetings of the governing

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body of that public body. Any agenda of a regular meeting that
is posted on a public body's website shall remain posted on the
website until the regular meeting is concluded. The
requirement of a regular meeting agenda shall not preclude the
consideration of items not specifically set forth in the
agenda. Public notice of any special meeting except a meeting
held in the event of a bona fide emergency, or of any
rescheduled regular meeting, or of any reconvened meeting,
shall be given at least 48 hours before such meeting, which
notice shall also include the agenda for the special,
rescheduled, or reconvened meeting, but the validity of any
action taken by the public body which is germane to a subject
on the agenda shall not be affected by other errors or
omissions in the agenda. The requirement of public notice of
reconvened meetings does not apply to any case where the
meeting was open to the public and (1) it is to be reconvened
within 24 hours, or (2) an announcement of the time and place
of the reconvened meeting was made at the original meeting and
there is no change in the agenda. Notice of an emergency
meeting shall be given as soon as practicable, but in any event
prior to the holding of such meeting, to any news medium which
has filed an annual request for notice under subsection (b) of
this Section.
(b) Public notice shall be given by posting a copy of the
notice at the principal office of the body holding the meeting
or, if no such office exists, at the building in which the

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meeting is to be held. In addition, a public body that has a
website that the full-time staff of the public body maintains
shall post notice on its website of all meetings of the
governing body of the public body. For a public body that has a
website that the full-time staff of the public body maintains,
public notice for a special meeting may be given solely by
posting notice on its website. Any notice of an annual
schedule of meetings shall remain on the website until a new
public notice of the schedule of regular meetings is approved.
Any notice of a regular meeting that is posted on a public
body's website shall remain posted on the website until the
regular meeting is concluded. The body shall supply copies of
the notice of its regular meetings, and of the notice of any
special, emergency, rescheduled or reconvened meeting, to any
news medium that has filed an annual request for such notice.
Any such news medium shall also be given the same notice of all
special, emergency, rescheduled or reconvened meetings in the
same manner as is given to members of the body provided such
news medium has given the public body an address or telephone
number within the territorial jurisdiction of the public body
at which such notice may be given. The failure of a public body
to post on its website notice of any meeting or the agenda of
any meeting shall not invalidate any meeting or any actions
taken at a meeting.
(c) Any agenda required under this Section shall set forth
the general subject matter of any resolution or ordinance that

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will be the subject of final action at the meeting. The public
body conducting a public meeting shall ensure that at least
one copy of any requested notice and agenda for the meeting is
continuously available for public review during the entire
48-hour period preceding the meeting. Posting of the notice
and agenda on a website that is maintained by the public body
satisfies the requirement for continuous posting under this
subsection (c). If a notice or agenda is not continuously
available for the full 48-hour period due to actions outside
of the control of the public body, then that lack of
availability does not invalidate any meeting or action taken
at a meeting.
(Source: P.A. 97-827, eff. 1-1-13.)
(5 ILCS 120/2.07 new)
Sec. 2.07. Police District Councils. With the exception of
the required regularly scheduled monthly meetings, Police
District Councils created pursuant to Section 2-80-070 of the
Municipal Code of Chicago, may hold meetings by audio or video
conference, without the physical presence of the members,
subject to the following conditions:
(1) All Police District Council members participating
in the meeting, wherever their physical location, shall be
verified and can hear one another and can hear all
discussion and testimony.
(2) Any members of the public attending the meeting

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