|
| Public Act 103-0311 |
| HB2447 Enrolled | LRB103 30299 DTM 56727 b |
|
|
AN ACT concerning State 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 |
Section 2 and 7 as follows: |
(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 |
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 |
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. |
(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 |
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 |
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. |
(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. |
(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 |
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. |
(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 |
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. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; |
101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. |
8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(5 ILCS 120/7) |
Sec. 7. Attendance by a means other than physical |
presence. |
(a) If a quorum of the members of the public body is |
physically present as required by Section 2.01, a majority of |
the public body may allow a member of that body to attend the |
meeting by other means if the member is prevented from |
physically attending because of: (i) personal illness or |
disability; (ii) employment purposes or the business of the |
public body; or(iii) a family or other emergency; or (iv) |
unexpected childcare obligations. "Other means" is by video or |
audio conference. |
(b) If a member wishes to attend a meeting by other means, |
the member must notify the recording secretary or clerk of the |
public body before the meeting unless advance notice is |
impractical. |
(c) A majority of the public body may allow a member to |
attend a meeting by other means only in accordance with and to |
the extent allowed by rules adopted by the public body. The |
rules must conform to the requirements and restrictions of |
this Section, may further limit the extent to which attendance |
by other means is allowed, and may provide for the giving of |
additional notice to the public or further facilitate public |
access to meetings. |
(d) The limitations of this Section shall not apply to (i) |
closed meetings of (A) public bodies with statewide |
jurisdiction, (B) Illinois library systems with jurisdiction |
over a specific geographic area of more than 4,500 square |
miles, (C) municipal transit districts with jurisdiction over |
a specific geographic area of more than 4,500 square miles, or |
(D) local workforce innovation areas with jurisdiction over a |
specific geographic area of more than 4,500 square miles or |
(ii) open or closed meetings of State advisory boards or |
bodies that do not have authority to make binding |
recommendations or determinations or to take any other |
substantive action. State advisory boards or bodies, public |
bodies with statewide jurisdiction, Illinois library systems |
with jurisdiction over a specific geographic area of more than |
4,500 square miles, municipal transit districts with |
jurisdiction over a specific geographic area of more than |
4,500 square miles, and local workforce investment areas with |
jurisdiction over a specific geographic area of more than |
4,500 square miles, however, may permit members to attend |
meetings by other means only in accordance with and to the |
extent allowed by specific procedural rules adopted by the |
body. For the purposes of this Section, "local workforce |
innovation area" means any local workforce innovation area or |
areas designated by the Governor pursuant to the federal |
Workforce Innovation and Opportunity Act or its reauthorizing |
legislation. |
(e) Subject to the requirements of Section 2.06 but |
notwithstanding any other provision of law, an open or closed |
meeting subject to this Act may be conducted by audio or video |
conference, without the physical presence of a quorum of the |
members, so long as the following conditions are met: |
(1) the Governor or the Director of the Illinois |
Department of Public Health has issued a disaster |
declaration related to public health concerns because of a |
disaster as defined in Section 4 of the Illinois Emergency |
Management Agency Act, and all or part of the jurisdiction |
of the public body is covered by the disaster area; |
(2) the head of the public body as defined in |
subsection (e) of Section 2 of the Freedom of Information |
Act determines that an in-person meeting or a meeting |
conducted under this Act is not practical or prudent |
because of a disaster; |
(3) all members of the body participating in the |
meeting, wherever their physical location, shall be |
verified and can hear one another and can hear all |
discussion and testimony; |
(4) for open meetings, members of the public present |
at the regular meeting location of the body can hear all |
discussion and testimony and all votes of the members of |
the body, unless attendance at the regular meeting |
location is not feasible due to the disaster, including |
the issued disaster declaration, in which case the public |
body must make alternative arrangements and provide notice |
pursuant to this Section of such alternative arrangements |
in a manner to allow any interested member of the public |
access to contemporaneously hear all discussion, |
testimony, and roll call votes, such as by offering a |
telephone number or a web-based link; |
(5) at least one member of the body, chief legal |
counsel, or chief administrative officer is physically |
present at the regular meeting location, unless unfeasible |
due to the disaster, including the issued disaster |
declaration; and |
(6) all votes are conducted by roll call, so each |
member's vote on each issue can be identified and |
recorded. |
(7) Except in the event of a bona fide emergency, 48 |
hours' notice shall be given of a meeting to be held |
pursuant to this Section. Notice shall be given to all |
members of the public body, shall be posted on the website |
of the public body, and shall also be provided to any news |
media who has requested notice of meetings pursuant to |
subsection (a) of Section 2.02 of this Act. If the public |
body declares a bona fide emergency: |
(A) Notice shall be given pursuant to subsection |
(a) of Section 2.02 of this Act, and the presiding |
officer shall state the nature of the emergency at the |
beginning of the meeting. |
(B) The public body must comply with the verbatim |
recording requirements set forth in Section 2.06 of |
this Act. |
(8) Each member of the body participating in a meeting |
by audio or video conference for a meeting held pursuant |
to this Section is considered present at the meeting for |
purposes of determining a quorum and participating in all |
proceedings. |
(9) In addition to the requirements for open meetings |
under Section 2.06, public bodies holding open meetings |
under this subsection (e) must also keep a verbatim record |
of all their meetings in the form of an audio or video |
recording. Verbatim records made under this paragraph (9) |
shall be made available to the public under, and are |
otherwise subject to, the provisions of Section 2.06. |
(10) The public body shall bear all costs associated |
with compliance with this subsection (e). |
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.) |
Section 99. Effective date. This Act takes effect upon |
becoming law.
|