Full Text of HB0209 94th General Assembly
HB0209 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0209
Introduced 01/13/05, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/1.02 |
from Ch. 102, par. 41.02 |
5 ILCS 120/2 |
from Ch. 102, par. 42 |
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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
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A BILL FOR
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HB0209 |
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LRB094 05442 RSP 35487 b |
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| AN ACT concerning public bodies.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Open Meetings Act is amended by changing
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| Sections 1.02 and 2 as follows:
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| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) | 7 |
| Sec. 1.02. For the purposes of this Act:
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| "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.
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| "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.
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| (Source: P.A. 92-468, eff. 8-22-01; 93-617, eff. 12-9-03.)
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| (5 ILCS 120/2) (from Ch. 102, par. 42)
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| Sec. 2. Open meetings.
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HB0209 |
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LRB094 05442 RSP 35487 b |
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| (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.
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| (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.
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| (c) Exceptions. A public body may hold closed meetings to | 12 |
| consider the
following subjects:
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| (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.
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| (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.
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| (3) The selection of a person to fill a public office,
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| 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.
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| (4) Evidence or testimony presented in open hearing, or | 32 |
| in closed
hearing where specifically authorized by law, to
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| 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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LRB094 05442 RSP 35487 b |
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| (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.
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| (6) The setting of a price for sale or lease of | 6 |
| property owned
by the public body.
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| (7) The sale or purchase of securities, investments, or | 8 |
| investment
contracts.
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| (8) Security procedures and the use of personnel and
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| 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.
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| (9) Student disciplinary cases.
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| (10) The placement of individual students in special | 15 |
| education
programs and other matters relating to | 16 |
| individual students.
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| (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
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| recorded and entered into the minutes of the closed | 23 |
| meeting.
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| (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
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| 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
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| association or self insurance pool of which the public body | 33 |
| is a member.
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| (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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| practices and creating a commission or
administrative | 2 |
| agency for their enforcement.
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| (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.
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| (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.
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| (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.
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| (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.
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| (18) Deliberations for decisions of the Prisoner | 21 |
| Review Board.
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| (19) Review or discussion of applications received | 23 |
| under the
Experimental Organ Transplantation Procedures | 24 |
| Act.
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| (20) The classification and discussion of matters | 26 |
| classified as
confidential or continued confidential by | 27 |
| the State Employees Suggestion Award
Board.
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| (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.
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| (22) Deliberations for decisions of the State
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| Emergency Medical Services Disciplinary
Review Board.
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| (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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| (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.
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| (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.
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| (d) Definitions. For purposes of this Section:
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| "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.
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| "Public office" means a position created by or under the
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| 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
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| established by law or by a public body itself, that exist to | 25 |
| assist the
body in the conduct of its business.
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| "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.
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| (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.
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| (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422, |
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HB0209 |
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LRB094 05442 RSP 35487 b |
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| eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03.)
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