Full Text of HB2447 103rd General Assembly
HB2447ham001 103RD GENERAL ASSEMBLY | Rep. Dagmara Avelar Filed: 4/18/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2447
| 2 | | AMENDMENT NO. ______. Amend House Bill 2447 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Section 2 and 7 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 | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (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 | 16 | | not require the holding of
a closed meeting to discuss a |
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| 1 | | subject included within an enumerated exception.
| 2 | | (c) Exceptions. A public body may hold closed meetings to | 3 | | consider 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 | | (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.
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| 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.
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| 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 or | 15 | | professional ethics,
when meeting with a representative of | 16 | | a statewide association of which the
public body is a | 17 | | 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 |
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| 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.
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| 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. |
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| 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 |
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| 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 | 16 | | relationship
with the public body constitutes an | 17 | | employer-employee relationship under
the usual common law | 18 | | rules, and who is not an independent contractor.
| 19 | | "Public office" means a position created by or under the
| 20 | | Constitution or laws of this State, the occupant of which is | 21 | | charged with
the exercise of some portion of the sovereign | 22 | | power of this State. The term
"public office" shall include | 23 | | members of the public body, but it shall not
include | 24 | | organizational positions filled by members thereof, whether
| 25 | | established by law or by a public body itself, that exist to | 26 | | assist the
body in the conduct of its business.
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| 1 | | "Quasi-adjudicative body" means an administrative body | 2 | | charged by law or
ordinance with the responsibility to conduct | 3 | | hearings, receive evidence or
testimony and make | 4 | | determinations based
thereon, but does not include
local | 5 | | electoral boards when such bodies are considering petition | 6 | | challenges.
| 7 | | (e) Final action. No final action may be taken at a closed | 8 | | meeting.
Final action shall be preceded by a public recital of | 9 | | the nature of the
matter being considered and other | 10 | | information that will inform the
public of the business being | 11 | | conducted.
| 12 | | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | 13 | | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | 14 | | 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) | 15 | | (5 ILCS 120/7)
| 16 | | Sec. 7. Attendance by a means other than physical | 17 | | presence. | 18 | | (a) If a
quorum of the members of the public body is | 19 | | physically present as required by Section 2.01, a majority of | 20 | | the public body may allow a member of that body to attend the | 21 | | meeting by other means if the member is prevented from | 22 | | physically
attending because of: (i) personal illness or | 23 | | disability; (ii) employment purposes or
the
business of the | 24 | | public body; or (iii) a family or other emergency ; or (iv) | 25 | | childcare obligations .
"Other means" is by video or audio |
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| 1 | | conference.
| 2 | | (b) If a member wishes to attend a meeting by other means, | 3 | | the
member must notify the
recording secretary or clerk of the
| 4 | | public body before the meeting unless
advance notice is | 5 | | impractical.
| 6 | | (c) A majority of the public body may allow a member to | 7 | | attend a meeting by other means only in accordance with and to | 8 | | the extent allowed by rules adopted by the public body. The | 9 | | rules must conform to the requirements and restrictions of | 10 | | this Section, may further limit the extent to which attendance | 11 | | by other means is allowed, and may provide for the giving of | 12 | | additional notice to the public or further facilitate public | 13 | | access to meetings.
| 14 | | (d) The limitations of this Section shall not apply to (i) | 15 | | closed meetings of (A) public bodies with statewide | 16 | | jurisdiction, (B) Illinois library systems with jurisdiction | 17 | | over a specific geographic area of more than 4,500 square | 18 | | miles, (C) municipal transit districts with jurisdiction over | 19 | | a specific geographic area of more than 4,500 square miles, or | 20 | | (D) local workforce innovation areas with jurisdiction over a | 21 | | specific geographic area of more than 4,500 square miles or | 22 | | (ii) open or closed meetings of State advisory boards or | 23 | | bodies that do not have authority to make binding | 24 | | recommendations or determinations or to take any other | 25 | | substantive action. State advisory boards or bodies, public | 26 | | bodies with statewide jurisdiction, Illinois library systems |
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| 1 | | with jurisdiction over a specific geographic area of more than | 2 | | 4,500 square miles, municipal transit districts with | 3 | | jurisdiction over a specific geographic area of more than | 4 | | 4,500 square miles, and local workforce investment areas with | 5 | | jurisdiction over a specific geographic area of more than | 6 | | 4,500 square miles, however, may permit members to attend | 7 | | meetings by other means only in accordance with and to the | 8 | | extent allowed by specific procedural rules adopted by the | 9 | | body.
For the purposes of this Section, "local workforce | 10 | | innovation area" means any local workforce innovation area or | 11 | | areas designated by the Governor pursuant to the federal | 12 | | Workforce
Innovation and Opportunity Act or its reauthorizing | 13 | | legislation. | 14 | | (e) Subject to the requirements of Section 2.06 but | 15 | | notwithstanding any other provision of law, an open or closed | 16 | | meeting subject to this Act may be conducted by audio or video | 17 | | conference, without the physical presence of a quorum of the | 18 | | members, so long as the following conditions are met: | 19 | | (1) the Governor or the Director of the Illinois | 20 | | Department of Public Health has issued a disaster | 21 | | declaration related to public health concerns because of a | 22 | | disaster as defined in Section 4 of the Illinois Emergency | 23 | | Management Agency Act, and all or part of the jurisdiction | 24 | | of the public body is covered by the disaster area; | 25 | | (2) the head of the public body as defined in | 26 | | subsection (e) of Section 2 of the Freedom of Information |
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| 1 | | Act determines that an in-person meeting or a meeting | 2 | | conducted under this Act is not practical or prudent | 3 | | because of a disaster; | 4 | | (3) all members of the body participating in the | 5 | | meeting, wherever their physical location, shall be | 6 | | verified and can hear one another and can hear all | 7 | | discussion and testimony; | 8 | | (4) for open meetings, members of the public present | 9 | | at the regular meeting location of the body can hear all | 10 | | discussion and testimony and all votes of the members of | 11 | | the body, unless attendance at the regular meeting | 12 | | location is not feasible due to the disaster, including | 13 | | the issued disaster declaration, in which case the public | 14 | | body must make alternative arrangements and provide notice | 15 | | pursuant to this Section of such alternative arrangements | 16 | | in a manner to allow any interested member of the public | 17 | | access to contemporaneously hear all discussion, | 18 | | testimony, and roll call votes, such as by offering a | 19 | | telephone number or a web-based link; | 20 | | (5) at least one member of the body, chief legal | 21 | | counsel, or chief administrative officer is physically | 22 | | present at the regular meeting location, unless unfeasible | 23 | | due to the disaster, including the issued disaster | 24 | | declaration; and | 25 | | (6) all votes are conducted by roll call, so each | 26 | | member's vote on each issue can be identified and |
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| 1 | | recorded. | 2 | | (7) Except in the event of a bona fide emergency, 48 | 3 | | hours' notice shall be given of a meeting to be held | 4 | | pursuant to this Section. Notice shall be given to all | 5 | | members of the public body, shall be posted on the website | 6 | | of the public body, and shall also be provided to any news | 7 | | media who has requested notice of meetings pursuant to | 8 | | subsection (a) of Section 2.02 of this Act. If the public | 9 | | body declares a bona fide emergency: | 10 | | (A) Notice shall be given pursuant to subsection | 11 | | (a) of Section 2.02 of this Act, and the presiding | 12 | | officer shall state the nature of the emergency at the | 13 | | beginning of the meeting. | 14 | | (B) The public body must comply with the verbatim | 15 | | recording requirements set forth in Section 2.06 of | 16 | | this Act. | 17 | | (8) Each member of the body participating in a meeting | 18 | | by audio or video conference for a meeting held pursuant | 19 | | to this Section is considered present at the meeting for | 20 | | purposes of determining a quorum and participating in all | 21 | | proceedings. | 22 | | (9) In addition to the requirements for open meetings | 23 | | under Section 2.06, public bodies holding open meetings | 24 | | under this subsection (e) must also keep a verbatim record | 25 | | of all their meetings in the form of an audio or video | 26 | | recording. Verbatim records made under this paragraph (9) |
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| 1 | | shall be made available to the public under, and are | 2 | | otherwise subject to, the provisions of Section 2.06. | 3 | | (10) The public body shall bear all costs associated | 4 | | with compliance with this subsection (e).
| 5 | | (Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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