SB0384 Enrolled LRB099 03122 AWJ 23130 b
1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Open Meetings Act is amended by changing
5		Section 2 as follows:
6		(5 ILCS 120/2) (from Ch. 102, par. 42)
7		Sec. 2. Open meetings.
8		(a) Openness required. All meetings of public bodies shall
9		be open to the public unless excepted in subsection (c) and
10		closed in accordance with Section 2a.
11		(b) Construction of exceptions. The exceptions contained
12		in subsection (c) are in derogation of the requirement that
13		public bodies meet in the open, and therefore, the exceptions
14		are to be strictly construed, extending only to subjects
15		clearly within their scope. The exceptions authorize but do not
16		require the holding of a closed meeting to discuss a subject
17		included within an enumerated exception.
18		(c) Exceptions. A public body may hold closed meetings to
19		consider the following subjects:
20		(1) The appointment, employment, compensation,
21		discipline, performance, or dismissal of specific
22		employees of the public body or legal counsel for the
23		public body, including hearing testimony on a complaint

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1		lodged against an employee of the public body or against
2		legal counsel for the public body to determine its
3		validity.
4		(2) Collective negotiating matters between the public
5		body and its employees or their representatives, or
6		deliberations concerning salary schedules for one or more
7		classes of employees.
8		(3) The selection of a person to fill a public office,
9		as defined in this Act, including a vacancy in a public
10		office, when the public body is given power to appoint
11		under law or ordinance, or the discipline, performance or
12		removal of the occupant of a public office, when the public
13		body is given power to remove the occupant under law or
14		ordinance.
15		(4) Evidence or testimony presented in open hearing, or
16		in closed hearing where specifically authorized by law, to
17		a quasi-adjudicative body, as defined in this Act, provided
18		that the body prepares and makes available for public
19		inspection a written decision setting forth its
20		determinative reasoning.
21		(5) The purchase or lease of real property for the use
22		of the public body, including meetings held for the purpose
23		of discussing whether a particular parcel should be
24		acquired.
25		(6) The setting of a price for sale or lease of
26		property owned by the public body.

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1		(7) The sale or purchase of securities, investments, or
2		investment contracts. This exception shall not apply to the
3		investment of assets or income of funds deposited into the
4		Illinois Prepaid Tuition Trust Fund.
5		(8) Security procedures, school building safety and
6		security, and the use of personnel and equipment to respond
7		to an actual, a threatened, or a reasonably potential
8		danger to the safety of employees, students, staff, the
9		public, or public property.
10		(9) Student disciplinary cases.
11		(10) The placement of individual students in special
12		education programs and other matters relating to
13		individual students.
14		(11) Litigation, when an action against, affecting or
15		on behalf of the particular public body has been filed and
16		is pending before a court or administrative tribunal, or
17		when the public body finds that an action is probable or
18		imminent, in which case the basis for the finding shall be
19		recorded and entered into the minutes of the closed
20		meeting.
21		(12) The establishment of reserves or settlement of
22		claims as provided in the Local Governmental and
23		Governmental Employees Tort Immunity Act, if otherwise the
24		disposition of a claim or potential claim might be
25		prejudiced, or the review or discussion of claims, loss or
26		risk management information, records, data, advice or

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1		communications from or with respect to any insurer of the
2		public body or any intergovernmental risk management
3		association or self insurance pool of which the public body
4		is a member.
5		(13) Conciliation of complaints of discrimination in
6		the sale or rental of housing, when closed meetings are
7		authorized by the law or ordinance prescribing fair housing
8		practices and creating a commission or administrative
9		agency for their enforcement.
10		(14) Informant sources, the hiring or assignment of
11		undercover personnel or equipment, or ongoing, prior or
12		future criminal investigations, when discussed by a public
13		body with criminal investigatory responsibilities.
14		(15) Professional ethics or performance when
15		considered by an advisory body appointed to advise a
16		licensing or regulatory agency on matters germane to the
17		advisory body's field of competence.
18		(16) Self evaluation, practices and procedures or
19		professional ethics, when meeting with a representative of
20		a statewide association of which the public body is a
21		member.
22		(17) The recruitment, credentialing, discipline or
23		formal peer review of physicians or other health care
24		professionals, or for the discussion of matters protected
25		under the federal Patient Safety and Quality Improvement
26		Act of 2005, and the regulations promulgated thereunder,

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1		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
2		Health Insurance Portability and Accountability Act of
3		1996, and the regulations promulgated thereunder,
4		including 45 C.F.R. Parts 160, 162, and 164, by for a
5		hospital, or other institution providing medical care,
6		that is operated by the public body.
7		(18) Deliberations for decisions of the Prisoner
8		Review Board.
9		(19) Review or discussion of applications received
10		under the Experimental Organ Transplantation Procedures
11		Act.
12		(20) The classification and discussion of matters
13		classified as confidential or continued confidential by
14		the State Government Suggestion Award Board.
15		(21) Discussion of minutes of meetings lawfully closed
16		under this Act, whether for purposes of approval by the
17		body of the minutes or semi-annual review of the minutes as
18		mandated by Section 2.06.
19		(22) Deliberations for decisions of the State
20		Emergency Medical Services Disciplinary Review Board.
21		(23) The operation by a municipality of a municipal
22		utility or the operation of a municipal power agency or
23		municipal natural gas agency when the discussion involves
24		(i) contracts relating to the purchase, sale, or delivery
25		of electricity or natural gas or (ii) the results or
26		conclusions of load forecast studies.

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1		(24) Meetings of a residential health care facility
2		resident sexual assault and death review team or the
3		Executive Council under the Abuse Prevention Review Team
4		Act.
5		(25) Meetings of an independent team of experts under
6		Brian's Law.
7		(26) Meetings of a mortality review team appointed
8		under the Department of Juvenile Justice Mortality Review
9		Team Act.
10		(27) (Blank).
11		(28) Correspondence and records (i) that may not be
12		disclosed under Section 11-9 of the Public Aid Code or (ii)
13		that pertain to appeals under Section 11-8 of the Public
14		Aid Code.
15		(29) Meetings between internal or external auditors
16		and governmental audit committees, finance committees, and
17		their equivalents, when the discussion involves internal
18		control weaknesses, identification of potential fraud risk
19		areas, known or suspected frauds, and fraud interviews
20		conducted in accordance with generally accepted auditing
21		standards of the United States of America.
22		(30) Those meetings or portions of meetings of a
23		fatality review team or the Illinois Fatality Review Team
24		Advisory Council during which a review of the death of an
25		eligible adult in which abuse or neglect is suspected,
26		alleged, or substantiated is conducted pursuant to Section

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1		15 of the Adult Protective Services Act.
2		(31) Meetings and deliberations for decisions of the
3		Concealed Carry Licensing Review Board under the Firearm
4		Concealed Carry Act.
5		(32) Meetings between the Regional Transportation
6		Authority Board and its Service Boards when the discussion
7		involves review by the Regional Transportation Authority
8		Board of employment contracts under Section 28d of the
9		Metropolitan Transit Authority Act and Sections 3A.18 and
10		3B.26 of the Regional Transportation Authority Act.
11		(33) Those meetings meeting or portions of meetings of
12		the advisory committee and peer review subcommittee
13		created under Section 320 of the Illinois Controlled
14		Substances Act during which specific controlled substance
15		prescriber, dispenser, or patient information is
16		discussed.
17		(d) Definitions. For purposes of this Section:
18		"Employee" means a person employed by a public body whose
19		relationship with the public body constitutes an
20		employer-employee relationship under the usual common law
21		rules, and who is not an independent contractor.
22		"Public office" means a position created by or under the
23		Constitution or laws of this State, the occupant of which is
24		charged with the exercise of some portion of the sovereign
25		power of this State. The term "public office" shall include
26		members of the public body, but it shall not include

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1		organizational positions filled by members thereof, whether
2		established by law or by a public body itself, that exist to
3		assist the body in the conduct of its business.
4		"Quasi-adjudicative body" means an administrative body
5		charged by law or ordinance with the responsibility to conduct
6		hearings, receive evidence or testimony and make
7		determinations based thereon, but does not include local
8		electoral boards when such bodies are considering petition
9		challenges.
10		(e) Final action. No final action may be taken at a closed
11		meeting. Final action shall be preceded by a public recital of
12		the nature of the matter being considered and other information
13		that will inform the public of the business being conducted.
14		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
15		eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
16		99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
17		revised 10-14-15.)