Illinois General Assembly - Full Text of SB0927
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Full Text of SB0927  102nd General Assembly

SB0927sam001 102ND GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 4/15/2021

 

 


 

 


 
10200SB0927sam001LRB102 04775 RJF 25287 a

1
AMENDMENT TO SENATE BILL 927

2    AMENDMENT NO. ______. Amend Senate Bill 927 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
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

 

 

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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

 

 

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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        (5) The purchase or lease of real property for the use
12    of the public body, including meetings held for the
13    purpose of discussing whether a particular parcel should
14    be acquired.
15        (6) The setting of a price for sale or lease of
16    property owned by the public body.
17        (7) The sale or purchase of securities, investments,
18    or investment contracts. This exception shall not apply to
19    the investment of assets or income of funds deposited into
20    the Illinois Prepaid Tuition Trust Fund.
21        (8) Security procedures, school building safety and
22    security, and the use of personnel and equipment to
23    respond to an actual, a threatened, or a reasonably
24    potential danger to the safety of employees, students,
25    staff, the public, or public property.
26        (9) Student disciplinary cases.

 

 

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1        (10) The placement of individual students in special
2    education programs and other matters relating to
3    individual students.
4        (11) Litigation, when an action against, affecting or
5    on behalf of the particular public body has been filed and
6    is pending before a court or administrative tribunal, or
7    when the public body finds that an action is probable or
8    imminent, in which case the basis for the finding shall be
9    recorded and entered into the minutes of the closed
10    meeting.
11        (12) The establishment of reserves or settlement of
12    claims as provided in the Local Governmental and
13    Governmental Employees Tort Immunity Act, if otherwise the
14    disposition of a claim or potential claim might be
15    prejudiced, or the review or discussion of claims, loss or
16    risk management information, records, data, advice or
17    communications from or with respect to any insurer of the
18    public body or any intergovernmental risk management
19    association or self insurance pool of which the public
20    body is a member.
21        (13) Conciliation of complaints of discrimination in
22    the sale or rental of housing, when closed meetings are
23    authorized by the law or ordinance prescribing fair
24    housing practices and creating a commission or
25    administrative agency for their enforcement.
26        (14) Informant sources, the hiring or assignment of

 

 

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1    undercover personnel or equipment, or ongoing, prior or
2    future criminal investigations, when discussed by a public
3    body with criminal investigatory responsibilities.
4        (15) Professional ethics or performance when
5    considered by an advisory body appointed to advise a
6    licensing or regulatory agency on matters germane to the
7    advisory body's field of competence.
8        (16) Self evaluation, practices and procedures or
9    professional ethics, when meeting with a representative of
10    a statewide association of which the public body is a
11    member.
12        (17) The recruitment, credentialing, discipline or
13    formal peer review of physicians or other health care
14    professionals, or for the discussion of matters protected
15    under the federal Patient Safety and Quality Improvement
16    Act of 2005, and the regulations promulgated thereunder,
17    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
18    Health Insurance Portability and Accountability Act of
19    1996, and the regulations promulgated thereunder,
20    including 45 C.F.R. Parts 160, 162, and 164, by a
21    hospital, or other institution providing medical care,
22    that is operated by the public body.
23        (18) Deliberations for decisions of the Prisoner
24    Review Board.
25        (19) Review or discussion of applications received
26    under the Experimental Organ Transplantation Procedures

 

 

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1    Act.
2        (20) The classification and discussion of matters
3    classified as confidential or continued confidential by
4    the State Government Suggestion Award Board.
5        (21) Discussion of minutes of meetings lawfully closed
6    under this Act, whether for purposes of approval by the
7    body of the minutes or semi-annual review of the minutes
8    as mandated by Section 2.06.
9        (22) Deliberations for decisions of the State
10    Emergency Medical Services Disciplinary Review Board.
11        (23) The operation by a municipality of a municipal
12    utility or the operation of a municipal power agency or
13    municipal natural gas agency when the discussion involves
14    (i) contracts relating to the purchase, sale, or delivery
15    of electricity or natural gas or (ii) the results or
16    conclusions of load forecast studies.
17        (24) Meetings of a residential health care facility
18    resident sexual assault and death review team or the
19    Executive Council under the Abuse Prevention Review Team
20    Act.
21        (25) Meetings of an independent team of experts under
22    Brian's Law.
23        (26) Meetings of a mortality review team appointed
24    under the Department of Juvenile Justice Mortality Review
25    Team Act.
26        (27) (Blank).

 

 

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

 

 

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1        (33) Those meetings or portions of meetings of the
2    advisory committee and peer review subcommittee created
3    under Section 320 of the Illinois Controlled Substances
4    Act during which specific controlled substance prescriber,
5    dispenser, or patient information is discussed.
6        (34) Meetings of the Tax Increment Financing Reform
7    Task Force under Section 2505-800 of the Department of
8    Revenue Law of the Civil Administrative Code of Illinois.
9        (35) Meetings of the group established to discuss
10    Medicaid capitation rates under Section 5-30.8 of the
11    Illinois Public Aid Code.
12        (36) Those deliberations or portions of deliberations
13    for decisions of the Illinois Gaming Board in which there
14    is discussed any of the following: (i) personal,
15    commercial, financial, or other information obtained from
16    any source that is privileged, proprietary, confidential,
17    or a trade secret; or (ii) information specifically
18    exempted from the disclosure by federal or State law.
19        (37) Those meetings or portions of meetings of the
20    Oversight Board of the Illinois Joint Analysis Center
21    (JAC), as created by Executive Order 2020-49, at which
22    classified matters are discussed.
23    (d) Definitions. For purposes of this Section:
24    "Employee" means a person employed by a public body whose
25relationship with the public body constitutes an
26employer-employee relationship under the usual common law

 

 

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1rules, and who is not an independent contractor.
2    "Public office" means a position created by or under the
3Constitution or laws of this State, the occupant of which is
4charged with the exercise of some portion of the sovereign
5power of this State. The term "public office" shall include
6members of the public body, but it shall not include
7organizational positions filled by members thereof, whether
8established by law or by a public body itself, that exist to
9assist the body in the conduct of its business.
10    "Quasi-adjudicative body" means an administrative body
11charged by law or ordinance with the responsibility to conduct
12hearings, receive evidence or testimony and make
13determinations based thereon, but does not include local
14electoral boards when such bodies are considering petition
15challenges.
16    (e) Final action. No final action may be taken at a closed
17meeting. Final action shall be preceded by a public recital of
18the nature of the matter being considered and other
19information that will inform the public of the business being
20conducted.
21(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
22100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
238-23-19; revised 9-27-19.)".