94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0209

 

Introduced 01/13/05, by Rep. Thomas Holbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.02   from Ch. 102, par. 41.02
5 ILCS 120/2   from Ch. 102, par. 42

    Amends the Open Meetings Act. Provides that tourism boards and convention or civic center boards (now 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) are public bodies for purposes of the Act. Provides that a tourism board or a convention or civic center board may hold closed meetings to consider convention contracts or convention contract proposals.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB0209 LRB094 05442 RSP 35487 b

1     AN ACT concerning public bodies.
 
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 Sections 1.02 and 2 as follows:
 
6     (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7     Sec. 1.02. For the purposes of this Act:
8     "Meeting" means any gathering of a majority of a quorum of
9 the members of a public body held for the purpose of discussing
10 public business.
11     "Public body" includes all legislative, executive,
12 administrative or advisory bodies of the State, counties,
13 townships, cities, villages, incorporated towns, school
14 districts and all other municipal corporations, boards,
15 bureaus, committees or commissions of this State, and any
16 subsidiary bodies of any of the foregoing including but not
17 limited to committees and subcommittees which are supported in
18 whole or in part by tax revenue, or which expend tax revenue,
19 except the General Assembly and committees or commissions
20 thereof. "Public body" includes tourism boards and convention
21 or civic center boards located in counties that are contiguous
22 to the Mississippi River with populations of more than 250,000
23 but less than 300,000. "Public body" includes the Health
24 Facilities Planning Board. "Public body" does not include a
25 child death review team or the Illinois Child Death Review
26 Teams Executive Council established under the Child Death
27 Review Team Act or an ethics commission acting under the State
28 Officials and Employees Ethics Act.
29 (Source: P.A. 92-468, eff. 8-22-01; 93-617, eff. 12-9-03.)
 
30     (5 ILCS 120/2)  (from Ch. 102, par. 42)
31     Sec. 2. Open meetings.

 

 

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1     (a) Openness required. All meetings of public bodies shall
2 be open to the public unless excepted in subsection (c) and
3 closed in accordance with Section 2a.
4     (b) Construction of exceptions. The exceptions contained
5 in subsection (c) are in derogation of the requirement that
6 public bodies meet in the open, and therefore, the exceptions
7 are to be strictly construed, extending only to subjects
8 clearly within their scope. The exceptions authorize but do not
9 require the holding of a closed meeting to discuss a subject
10 included within an enumerated exception.
11     (c) Exceptions. A public body may hold closed meetings to
12 consider the following subjects:
13         (1) The appointment, employment, compensation,
14     discipline, performance, or dismissal of specific
15     employees of the public body or legal counsel for the
16     public body, including hearing testimony on a complaint
17     lodged against an employee of the public body or against
18     legal counsel for the public body to determine its
19     validity.
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
27     under law or ordinance, or the discipline, performance or
28     removal of the occupant of a public office, when the public
29     body is given power to remove the occupant under law or
30     ordinance.
31         (4) Evidence or testimony presented in open hearing, or
32     in closed hearing where specifically authorized by law, to
33     a quasi-adjudicative body, as defined in this Act, provided
34     that the body prepares and makes available for public
35     inspection a written decision setting forth its
36     determinative reasoning.

 

 

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1         (5) The purchase or lease of real property for the use
2     of the public body, including meetings held for the purpose
3     of discussing whether a particular parcel should be
4     acquired.
5         (6) The setting of a price for sale or lease of
6     property owned by the public body.
7         (7) The sale or purchase of securities, investments, or
8     investment contracts.
9         (8) Security procedures and the use of personnel and
10     equipment to respond to an actual, a threatened, or a
11     reasonably potential danger to the safety of employees,
12     students, staff, the public, or public property.
13         (9) Student disciplinary cases.
14         (10) The placement of individual students in special
15     education programs and other matters relating to
16     individual students.
17         (11) Litigation, when an action against, affecting or
18     on behalf of the particular public body has been filed and
19     is pending before a court or administrative tribunal, or
20     when the public body finds that an action is probable or
21     imminent, in which case the basis for the finding shall be
22     recorded and entered into the minutes of the closed
23     meeting.
24         (12) The establishment of reserves or settlement of
25     claims as provided in the Local Governmental and
26     Governmental Employees Tort Immunity Act, if otherwise the
27     disposition of a claim or potential claim might be
28     prejudiced, or the review or discussion of claims, loss or
29     risk management information, records, data, advice or
30     communications from or with respect to any insurer of the
31     public body or any intergovernmental risk management
32     association or self insurance pool of which the public body
33     is a member.
34         (13) Conciliation of complaints of discrimination in
35     the sale or rental of housing, when closed meetings are
36     authorized by the law or ordinance prescribing fair housing

 

 

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1     practices and creating a commission or administrative
2     agency for their enforcement.
3         (14) Informant sources, the hiring or assignment of
4     undercover personnel or equipment, or ongoing, prior or
5     future criminal investigations, when discussed by a public
6     body with criminal investigatory responsibilities.
7         (15) Professional ethics or performance when
8     considered by an advisory body appointed to advise a
9     licensing or regulatory agency on matters germane to the
10     advisory body's field of competence.
11         (16) Self evaluation, practices and procedures or
12     professional ethics, when meeting with a representative of
13     a statewide association of which the public body is a
14     member.
15         (17) The recruitment, credentialing, discipline or
16     formal peer review of physicians or other health care
17     professionals for a hospital, or other institution
18     providing medical care, that is operated by the public
19     body.
20         (18) Deliberations for decisions of the Prisoner
21     Review Board.
22         (19) Review or discussion of applications received
23     under the Experimental Organ Transplantation Procedures
24     Act.
25         (20) The classification and discussion of matters
26     classified as confidential or continued confidential by
27     the State Employees Suggestion Award Board.
28         (21) Discussion of minutes of meetings lawfully closed
29     under this Act, whether for purposes of approval by the
30     body of the minutes or semi-annual review of the minutes as
31     mandated by Section 2.06.
32         (22) Deliberations for decisions of the State
33     Emergency Medical Services Disciplinary Review Board.
34         (23) The operation by a municipality of a municipal
35     utility or the operation of a municipal power agency or
36     municipal natural gas agency when the discussion involves

 

 

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1     (i) contracts relating to the purchase, sale, or delivery
2     of electricity or natural gas or (ii) the results or
3     conclusions of load forecast studies.
4         (24) Meetings of a residential health care facility
5     resident sexual assault and death review team or the
6     Residential Health Care Facility Resident Sexual Assault
7     and Death Review Teams Executive Council under the
8     Residential Health Care Facility Resident Sexual Assault
9     and Death Review Team Act.
10         (25) Discussion by a tourism board or a convention or
11     civic center board concerning convention contracts or
12     convention contract proposals.
13     (d) Definitions. For purposes of this Section:
14     "Employee" means a person employed by a public body whose
15 relationship with the public body constitutes an
16 employer-employee relationship under the usual common law
17 rules, and who is not an independent contractor.
18     "Public office" means a position created by or under the
19 Constitution or laws of this State, the occupant of which is
20 charged with the exercise of some portion of the sovereign
21 power of this State. The term "public office" shall include
22 members of the public body, but it shall not include
23 organizational positions filled by members thereof, whether
24 established by law or by a public body itself, that exist to
25 assist the body in the conduct of its business.
26     "Quasi-adjudicative body" means an administrative body
27 charged by law or ordinance with the responsibility to conduct
28 hearings, receive evidence or testimony and make
29 determinations based thereon, but does not include local
30 electoral boards when such bodies are considering petition
31 challenges.
32     (e) Final action. No final action may be taken at a closed
33 meeting. Final action shall be preceded by a public recital of
34 the nature of the matter being considered and other information
35 that will inform the public of the business being conducted.
36 (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422,

 

 

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1 eff. 8-5-03; 93-577, eff. 8-21-03; revised 9-8-03.)