Full Text of HB1097 94th General Assembly
HB1097ham001 94TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 3/9/2005
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09400HB1097ham001 |
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LRB094 08894 RSP 42850 a |
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| AMENDMENT TO HOUSE BILL 1097
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| AMENDMENT NO. ______. Amend House Bill 1097 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Open Meetings Act is amended by changing | 5 |
| Section 2 as follows:
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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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| (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.
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| (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.
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| (c) Exceptions. A public body may hold closed meetings to | 19 |
| consider the
following subjects:
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| (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 | 24 |
| lodged against an employee of the public body or
against |
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LRB094 08894 RSP 42850 a |
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| legal counsel for the public body to determine its | 2 |
| validity.
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| (2) Collective negotiating matters between the public | 4 |
| body and its
employees or their representatives, or | 5 |
| deliberations concerning salary
schedules for one or more | 6 |
| 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 | 9 |
| office, when the public
body is given power to appoint | 10 |
| under law or ordinance, or the discipline,
performance or | 11 |
| removal of the occupant of a public office, when the public | 12 |
| body
is given power to remove the occupant under law or | 13 |
| ordinance.
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| (4) Evidence or testimony presented in open hearing, or | 15 |
| in closed
hearing where specifically authorized by law, to
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| a quasi-adjudicative body, as defined in this Act, provided | 17 |
| that the body
prepares and makes available for public | 18 |
| inspection a written decision
setting forth its | 19 |
| determinative reasoning.
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| (5) The purchase or lease of real property for the use | 21 |
| of
the public body, including meetings held for the purpose | 22 |
| of discussing
whether a particular parcel should be | 23 |
| acquired.
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| (6) The setting of a price for sale or lease of | 25 |
| property owned
by the public body.
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| (7) The sale or purchase of securities, investments, or | 27 |
| 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 | 30 |
| reasonably
potential danger to the safety of employees, | 31 |
| 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 | 34 |
| education
programs and other matters relating to |
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LRB094 08894 RSP 42850 a |
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| individual students.
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| (11) Litigation, when an action against, affecting or | 3 |
| on behalf of the
particular public body has been filed and | 4 |
| is pending before a court or
administrative tribunal, or | 5 |
| when the public body finds that an action is
probable or | 6 |
| imminent, in which case the basis for the finding shall be
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| recorded and entered into the minutes of the closed | 8 |
| meeting.
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| (12) The establishment of reserves or settlement of | 10 |
| claims as provided
in the Local Governmental and | 11 |
| Governmental Employees Tort Immunity Act, if
otherwise the | 12 |
| disposition of a claim or potential claim might be
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| prejudiced, or the review or discussion of claims, loss or | 14 |
| risk management
information, records, data, advice or | 15 |
| communications from or with respect
to any insurer of the | 16 |
| public body or any intergovernmental risk management
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| association or self insurance pool of which the public body | 18 |
| is a member.
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| (13) Conciliation of complaints of discrimination in | 20 |
| the sale or rental
of housing, when closed meetings are | 21 |
| authorized by the law or ordinance
prescribing fair housing | 22 |
| practices and creating a commission or
administrative | 23 |
| agency for their enforcement.
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| (14) Informant sources, the hiring or assignment of | 25 |
| undercover personnel
or equipment, or ongoing, prior or | 26 |
| future criminal investigations, when
discussed by a public | 27 |
| body with criminal investigatory responsibilities.
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| (15) Professional ethics or performance when | 29 |
| considered by an advisory
body appointed to advise a | 30 |
| licensing or regulatory agency on matters
germane to the | 31 |
| advisory body's field of competence.
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| (16) Self evaluation, practices and procedures or | 33 |
| professional ethics,
when meeting with a representative of | 34 |
| a statewide association of which the
public body is a |
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LRB094 08894 RSP 42850 a |
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| member.
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| (17) The recruitment, credentialing, discipline or | 3 |
| formal peer review
of physicians or other
health care | 4 |
| professionals for a hospital, or
other institution | 5 |
| providing medical care, that is operated by the public | 6 |
| body.
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| (18) Deliberations for decisions of the Prisoner | 8 |
| Review Board.
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| (19) Review or discussion of applications received | 10 |
| under the
Experimental Organ Transplantation Procedures | 11 |
| Act.
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| (20) The classification and discussion of matters | 13 |
| classified as
confidential or continued confidential by | 14 |
| the State Employees Suggestion Award
Board.
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| (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.
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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 | 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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| (24) Meetings of a residential health care facility | 28 |
| resident sexual
assault and death review
team or
the | 29 |
| Residential Health Care Facility Resident Sexual Assault | 30 |
| and Death Review
Teams Executive
Council under the | 31 |
| Residential Health Care Facility Resident Sexual Assault | 32 |
| and
Death Review
Team Act. | 33 |
| (25) Discussion by a civic center board concerning | 34 |
| convention or event contracts or convention or event |
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| 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 | 4 |
| relationship
with the public body constitutes an | 5 |
| employer-employee relationship under
the usual common law | 6 |
| 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 | 9 |
| charged with
the exercise of some portion of the sovereign | 10 |
| power of this State. The term
"public office" shall include | 11 |
| members of the public body, but it shall not
include | 12 |
| organizational positions filled by members thereof, whether
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| established by law or by a public body itself, that exist to | 14 |
| assist the
body in the conduct of its business.
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| "Quasi-adjudicative body" means an administrative body | 16 |
| charged by law or
ordinance with the responsibility to conduct | 17 |
| hearings, receive evidence or
testimony and make | 18 |
| determinations based
thereon, but does not include
local | 19 |
| electoral boards when such bodies are considering petition | 20 |
| challenges.
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| (e) Final action. No final action may be taken at a closed | 22 |
| meeting.
Final action shall be preceded by a public recital of | 23 |
| the nature of the
matter being considered and other information | 24 |
| 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, | 26 |
| eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03.)".
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