Rep. Daniel Didech

Filed: 3/11/2024

 

 


 

 


 
10300HB4402ham001LRB103 36387 BDA 70485 a

1
AMENDMENT TO HOUSE BILL 4402

2    AMENDMENT NO. ______. Amend House Bill 4402 on page 1,
3line 5, by replacing "1.02 and" with "1.02, 2, and"; and
 
4on page 3, immediately below line 1, by inserting the
5following:
 
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
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a

 

 

10300HB4402ham001- 2 -LRB103 36387 BDA 70485 a

1subject included within an enumerated exception.
2    (c) Exceptions. A public body may hold closed meetings to
3consider the following subjects:
4        (1) The appointment, employment, compensation,
5    discipline, performance, or dismissal of specific
6    employees, specific individuals who serve as independent
7    contractors in a park, recreational, or educational
8    setting, or specific volunteers of the public body or
9    legal counsel for the public body, including hearing
10    testimony on a complaint lodged against an employee, a
11    specific individual who serves as an independent
12    contractor in a park, recreational, or educational
13    setting, or a volunteer of the public body or against
14    legal counsel for the public body to determine its
15    validity. However, a meeting to consider an increase in
16    compensation to a specific employee of a public body that
17    is subject to the Local Government Wage Increase
18    Transparency Act may not be closed and shall be open to the
19    public and posted and held in accordance with this Act.
20        (2) Collective negotiating matters between the public
21    body and its employees or their representatives, or
22    deliberations concerning salary schedules for one or more
23    classes of employees.
24        (3) The selection of a person to fill a public office,
25    as defined in this Act, including a vacancy in a public
26    office, when the public body is given power to appoint

 

 

10300HB4402ham001- 3 -LRB103 36387 BDA 70485 a

1    under law or ordinance, or the discipline, performance or
2    removal of the occupant of a public office, when the
3    public body is given power to remove the occupant under
4    law or ordinance.
5        (4) Evidence or testimony presented in open hearing,
6    or in closed hearing where specifically authorized by law,
7    to a quasi-adjudicative body, as defined in this Act,
8    provided that the body prepares and makes available for
9    public inspection a written decision setting forth its
10    determinative reasoning.
11        (4.5) Evidence or testimony presented to a school
12    board regarding denial of admission to school events or
13    property pursuant to Section 24-24 of the School Code,
14    provided that the school board prepares and makes
15    available for public inspection a written decision setting
16    forth its determinative reasoning.
17        (5) The purchase or lease of real property for the use
18    of the public body, including meetings held for the
19    purpose of discussing whether a particular parcel should
20    be acquired.
21        (6) The setting of a price for sale or lease of
22    property owned by the public body.
23        (7) The sale or purchase of securities, investments,
24    or investment contracts. This exception shall not apply to
25    the investment of assets or income of funds deposited into
26    the Illinois Prepaid Tuition Trust Fund.

 

 

10300HB4402ham001- 4 -LRB103 36387 BDA 70485 a

1        (8) Security procedures, school building safety and
2    security, and the use of personnel and equipment to
3    respond to an actual, a threatened, or a reasonably
4    potential danger to the safety of employees, students,
5    staff, the public, or public property.
6        (9) Student disciplinary cases.
7        (10) The placement of individual students in special
8    education programs and other matters relating to
9    individual students.
10        (11) Litigation, when an action against, affecting or
11    on behalf of the particular public body has been filed and
12    is pending before a court or administrative tribunal, or
13    when the public body finds that an action is probable or
14    imminent, in which case the basis for the finding shall be
15    recorded and entered into the minutes of the closed
16    meeting.
17        (12) The establishment of reserves or settlement of
18    claims as provided in the Local Governmental and
19    Governmental Employees Tort Immunity Act, if otherwise the
20    disposition of a claim or potential claim might be
21    prejudiced, or the review or discussion of claims, loss or
22    risk management information, records, data, advice or
23    communications from or with respect to any insurer of the
24    public body or any intergovernmental risk management
25    association or self insurance pool of which the public
26    body is a member.

 

 

10300HB4402ham001- 5 -LRB103 36387 BDA 70485 a

1        (13) Conciliation of complaints of discrimination in
2    the sale or rental of housing, when closed meetings are
3    authorized by the law or ordinance prescribing fair
4    housing practices and creating a commission or
5    administrative agency for their enforcement.
6        (14) Informant sources, the hiring or assignment of
7    undercover personnel or equipment, or ongoing, prior or
8    future criminal investigations, when discussed by a public
9    body with criminal investigatory responsibilities.
10        (15) Professional ethics or performance when
11    considered by an advisory body appointed to advise a
12    licensing or regulatory agency on matters germane to the
13    advisory body's field of competence.
14        (16) Self evaluation, practices and procedures,
15    strategic planning, or professional ethics, when meeting
16    with a representative of a statewide or regional
17    association of which the public body is a member.
18        (17) The recruitment, credentialing, discipline or
19    formal peer review of physicians or other health care
20    professionals, or for the discussion of matters protected
21    under the federal Patient Safety and Quality Improvement
22    Act of 2005, and the regulations promulgated thereunder,
23    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
24    Health Insurance Portability and Accountability Act of
25    1996, and the regulations promulgated thereunder,
26    including 45 C.F.R. Parts 160, 162, and 164, by a

 

 

10300HB4402ham001- 6 -LRB103 36387 BDA 70485 a

1    hospital, or other institution providing medical care,
2    that is operated by the public body.
3        (18) Deliberations for decisions of the Prisoner
4    Review Board.
5        (19) Review or discussion of applications received
6    under the Experimental Organ Transplantation Procedures
7    Act.
8        (20) The classification and discussion of matters
9    classified as confidential or continued confidential by
10    the State Government Suggestion Award Board.
11        (21) Discussion of minutes of meetings lawfully closed
12    under this Act, whether for purposes of approval by the
13    body of the minutes or semi-annual review of the minutes
14    as mandated by Section 2.06.
15        (22) Deliberations for decisions of the State
16    Emergency Medical Services Disciplinary Review Board.
17        (23) The operation by a municipality of a municipal
18    utility or the operation of a municipal power agency or
19    municipal natural gas agency when the discussion involves
20    (i) contracts relating to the purchase, sale, or delivery
21    of electricity or natural gas or (ii) the results or
22    conclusions of load forecast studies.
23        (24) Meetings of a residential health care facility
24    resident sexual assault and death review team or the
25    Executive Council under the Abuse Prevention Review Team
26    Act.

 

 

10300HB4402ham001- 7 -LRB103 36387 BDA 70485 a

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

 

 

10300HB4402ham001- 8 -LRB103 36387 BDA 70485 a

1        (32) Meetings between the Regional Transportation
2    Authority Board and its Service Boards when the discussion
3    involves review by the Regional Transportation Authority
4    Board of employment contracts under Section 28d of the
5    Metropolitan Transit Authority Act and Sections 3A.18 and
6    3B.26 of the Regional Transportation Authority Act.
7        (33) Those meetings or portions of meetings of the
8    advisory committee and peer review subcommittee created
9    under Section 320 of the Illinois Controlled Substances
10    Act during which specific controlled substance prescriber,
11    dispenser, or patient information is discussed.
12        (34) Meetings of the Tax Increment Financing Reform
13    Task Force under Section 2505-800 of the Department of
14    Revenue Law of the Civil Administrative Code of Illinois.
15        (35) Meetings of the group established to discuss
16    Medicaid capitation rates under Section 5-30.8 of the
17    Illinois Public Aid Code.
18        (36) Those deliberations or portions of deliberations
19    for decisions of the Illinois Gaming Board in which there
20    is discussed any of the following: (i) personal,
21    commercial, financial, or other information obtained from
22    any source that is privileged, proprietary, confidential,
23    or a trade secret; or (ii) information specifically
24    exempted from the disclosure by federal or State law.
25        (37) Deliberations for decisions of the Illinois Law
26    Enforcement Training Standards Board, the Certification

 

 

10300HB4402ham001- 9 -LRB103 36387 BDA 70485 a

1    Review Panel, and the Illinois State Police Merit Board
2    regarding certification and decertification.
3        (38) Meetings of the Ad Hoc Statewide Domestic
4    Violence Fatality Review Committee of the Illinois
5    Criminal Justice Information Authority Board that occur in
6    closed executive session under subsection (d) of Section
7    35 of the Domestic Violence Fatality Review Act.
8        (39) Meetings of the regional review teams under
9    subsection (a) of Section 75 of the Domestic Violence
10    Fatality Review Act.
11        (40) Meetings of the Firearm Owner's Identification
12    Card Review Board under Section 10 of the Firearm Owners
13    Identification Card Act.
14    (d) Definitions. For purposes of this Section:
15    "Employee" means a person employed by a public body whose
16relationship with the public body constitutes an
17employer-employee relationship under the usual common law
18rules, and who is not an independent contractor.
19    "Public office" means a position created by or under the
20Constitution or laws of this State, the occupant of which is
21charged with the exercise of some portion of the sovereign
22power of this State. The term "public office" shall include
23members of the public body, but it shall not include
24organizational positions filled by members thereof, whether
25established by law or by a public body itself, that exist to
26assist the body in the conduct of its business.

 

 

10300HB4402ham001- 10 -LRB103 36387 BDA 70485 a

1    "Quasi-adjudicative body" means an administrative body
2charged by law or ordinance with the responsibility to conduct
3hearings, receive evidence or testimony and make
4determinations based thereon, but does not include local
5electoral boards when such bodies are considering petition
6challenges.
7    (e) Final action. No final action may be taken at a closed
8meeting. Final action shall be preceded by a public recital of
9the nature of the matter being considered and other
10information that will inform the public of the business being
11conducted.
12(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
13102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
147-28-23.)".