Full Text of HB4402 103rd General Assembly
HB4402ham002 103RD GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 3/15/2024 | | 10300HB4402ham002 | | LRB103 36387 BDA 71061 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4402
| 2 | | AMENDMENT NO. ______. Amend House Bill 4402 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Sections 1.02, 2, and 7 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 | | "Bona fide emergency" means a disaster, an act of terror, | 9 | | or any other occurrence that the public body determines is a | 10 | | threat to the timely provision of essential services or | 11 | | endangers the health or safety of the public. | 12 | | "Exigent circumstances" means a situation requiring | 13 | | immediate attention, including, but not limited to, injury, | 14 | | sickness, loss of life, or damage to property. | 15 | | "Meeting" means any gathering, whether in person or by | 16 | | video or audio conference, telephone call, electronic means |
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| 1 | | (such as, without limitation, electronic mail, electronic | 2 | | chat, and instant messaging), or other means of | 3 | | contemporaneous interactive communication, of a majority of a | 4 | | quorum of the members of a public body held for the purpose of | 5 | | discussing public business or, for a 5-member public body, a | 6 | | quorum of the members of a public body held for the purpose of | 7 | | discussing public business. | 8 | | Accordingly, for a 5-member public body, 3 members of the | 9 | | body constitute a quorum and the affirmative vote of 3 members | 10 | | is necessary to adopt any motion, resolution, or ordinance, | 11 | | unless a greater number is otherwise required. | 12 | | "Public body" includes all legislative, executive, | 13 | | administrative or advisory bodies of the State, counties, | 14 | | townships, cities, villages, incorporated towns, school | 15 | | districts and all other municipal corporations, boards, | 16 | | bureaus, committees or commissions of this State, and any | 17 | | subsidiary bodies of any of the foregoing including but not | 18 | | limited to committees and subcommittees which are supported in | 19 | | whole or in part by tax revenue, or which expend tax revenue, | 20 | | except the General Assembly and committees or commissions | 21 | | thereof. "Public body" includes tourism boards and convention | 22 | | or civic center boards located in counties that are contiguous | 23 | | to the Mississippi River with populations of more than 250,000 | 24 | | but less than 300,000. "Public body" includes the Health | 25 | | Facilities and Services Review Board. "Public body" does not | 26 | | include a child death review team or the Illinois Child Death |
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| 1 | | Review Teams Executive Council established under the Child | 2 | | Death Review Team Act, an ethics commission acting under the | 3 | | State Officials and Employees Ethics Act, a regional youth | 4 | | advisory board or the Statewide Youth Advisory Board | 5 | | established under the Department of Children and Family | 6 | | Services Statewide Youth Advisory Board Act, or the Illinois | 7 | | Independent Tax Tribunal. | 8 | | (Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15 .) | 9 | | (5 ILCS 120/2) (from Ch. 102, par. 42) | 10 | | Sec. 2. Open meetings. | 11 | | (a) Openness required. All meetings of public bodies shall | 12 | | be open to the public unless excepted in subsection (c) and | 13 | | closed in accordance with Section 2a. | 14 | | (b) Construction of exceptions. The exceptions contained | 15 | | in subsection (c) are in derogation of the requirement that | 16 | | public bodies meet in the open, and therefore, the exceptions | 17 | | are to be strictly construed, extending only to subjects | 18 | | clearly within their scope. The exceptions authorize but do | 19 | | not require the holding of a closed meeting to discuss a | 20 | | subject included within an enumerated exception. | 21 | | (c) Exceptions. A public body may hold closed meetings to | 22 | | consider the following subjects: | 23 | | (1) The appointment, employment, compensation, | 24 | | discipline, performance, or dismissal of specific | 25 | | employees, specific individuals who serve as independent |
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| 1 | | contractors in a park, recreational, or educational | 2 | | setting, or specific volunteers of the public body or | 3 | | legal counsel for the public body, including hearing | 4 | | testimony on a complaint lodged against an employee, a | 5 | | specific individual who serves as an independent | 6 | | contractor in a park, recreational, or educational | 7 | | setting, or a volunteer of the public body or against | 8 | | legal counsel for the public body to determine its | 9 | | validity. However, a meeting to consider an increase in | 10 | | compensation to a specific employee of a public body that | 11 | | is subject to the Local Government Wage Increase | 12 | | Transparency Act may not be closed and shall be open to the | 13 | | public and posted and held in accordance with this Act. | 14 | | (2) Collective negotiating matters between the public | 15 | | body and its employees or their representatives, or | 16 | | deliberations concerning salary schedules for one or more | 17 | | classes of employees. | 18 | | (3) The selection of a person to fill a public office, | 19 | | as defined in this Act, including a vacancy in a public | 20 | | office, when the public body is given power to appoint | 21 | | under law or ordinance, or the discipline, performance or | 22 | | removal of the occupant of a public office, when the | 23 | | public body is given power to remove the occupant under | 24 | | law or ordinance. | 25 | | (4) Evidence or testimony presented in open hearing, | 26 | | or in closed hearing where specifically authorized by law, |
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| 1 | | to a quasi-adjudicative body, as defined in this Act, | 2 | | provided that the body prepares and makes available for | 3 | | public inspection a written decision setting forth its | 4 | | determinative reasoning. | 5 | | (4.5) Evidence or testimony presented to a school | 6 | | board regarding denial of admission to school events or | 7 | | property pursuant to Section 24-24 of the School Code, | 8 | | provided that the school board prepares and makes | 9 | | available for public inspection a written decision setting | 10 | | forth its 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 , | 9 | | strategic planning, or professional ethics, when meeting | 10 | | with a representative of a statewide or regional | 11 | | association of which the public body is a 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) Deliberations for decisions of the Illinois Law | 20 | | Enforcement Training Standards Board, the Certification | 21 | | Review Panel, and the Illinois State Police Merit Board | 22 | | regarding certification and decertification. | 23 | | (38) Meetings of the Ad Hoc Statewide Domestic | 24 | | Violence Fatality Review Committee of the Illinois | 25 | | Criminal Justice Information Authority Board that occur in | 26 | | closed executive session under subsection (d) of Section |
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| 1 | | 35 of the Domestic Violence Fatality Review Act. | 2 | | (39) Meetings of the regional review teams under | 3 | | subsection (a) of Section 75 of the Domestic Violence | 4 | | Fatality Review Act. | 5 | | (40) Meetings of the Firearm Owner's Identification | 6 | | Card Review Board under Section 10 of the Firearm Owners | 7 | | Identification Card Act. | 8 | | (d) Definitions. For purposes of this Section: | 9 | | "Employee" means a person employed by a public body whose | 10 | | relationship with the public body constitutes an | 11 | | employer-employee relationship under the usual common law | 12 | | rules, and who is not an independent contractor. | 13 | | "Public office" means a position created by or under the | 14 | | Constitution or laws of this State, the occupant of which is | 15 | | charged with the exercise of some portion of the sovereign | 16 | | power of this State. The term "public office" shall include | 17 | | members of the public body, but it shall not include | 18 | | organizational positions filled by members thereof, whether | 19 | | established by law or by a public body itself, that exist to | 20 | | assist the body in the conduct of its business. | 21 | | "Quasi-adjudicative body" means an administrative body | 22 | | charged by law or ordinance with the responsibility to conduct | 23 | | hearings, receive evidence or testimony and make | 24 | | determinations based thereon, but does not include local | 25 | | electoral boards when such bodies are considering petition | 26 | | challenges. |
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| 1 | | (e) Final action. No final action may be taken at a closed | 2 | | meeting. Final action shall be preceded by a public recital of | 3 | | the nature of the matter being considered and other | 4 | | information that will inform the public of the business being | 5 | | conducted. | 6 | | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | 7 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | 8 | | 7-28-23.) | 9 | | (5 ILCS 120/7) | 10 | | Sec. 7. Attendance by a means other than physical | 11 | | presence. | 12 | | (a) If a quorum of the members of the public body is | 13 | | physically present as required by Section 2.01, a majority of | 14 | | the public body may allow a member of that body to attend the | 15 | | meeting by other means if the member is prevented from | 16 | | physically attending because of: (i) personal illness or | 17 | | disability; (ii) employment purposes or the business of the | 18 | | public body; (iii) exigent circumstances concerning a family | 19 | | member a family or other emergency ; or (iv) unexpected | 20 | | childcare obligations. "Other means" is by video or audio | 21 | | conference. | 22 | | (b) If a member wishes to attend a meeting by other means, | 23 | | the member must notify the recording secretary or clerk of the | 24 | | public body before the meeting unless advance notice is | 25 | | impractical. |
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| 1 | | (c) A majority of the public body may allow a member to | 2 | | attend a meeting by other means only in accordance with and to | 3 | | the extent allowed by rules adopted by the public body. The | 4 | | rules must conform to the requirements and restrictions of | 5 | | this Section, may further limit the extent to which attendance | 6 | | by other means is allowed, and may provide for the giving of | 7 | | additional notice to the public or further facilitate public | 8 | | access to meetings. | 9 | | (d) The limitations of this Section shall not apply to (i) | 10 | | closed meetings of (A) public bodies with statewide | 11 | | jurisdiction, (B) Illinois library systems with jurisdiction | 12 | | over a specific geographic area of more than 4,500 square | 13 | | miles, (C) municipal transit districts with jurisdiction over | 14 | | a specific geographic area of more than 4,500 square miles, or | 15 | | (D) local workforce innovation areas with jurisdiction over a | 16 | | specific geographic area of more than 4,500 square miles or | 17 | | (ii) open or closed meetings of State advisory boards or | 18 | | bodies that do not have authority to make binding | 19 | | recommendations or determinations or to take any other | 20 | | substantive action. State advisory boards or bodies, public | 21 | | bodies with statewide jurisdiction, Illinois library systems | 22 | | with jurisdiction over a specific geographic area of more than | 23 | | 4,500 square miles, municipal transit districts with | 24 | | jurisdiction over a specific geographic area of more than | 25 | | 4,500 square miles, and local workforce investment areas with | 26 | | jurisdiction over a specific geographic area of more than |
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| 1 | | 4,500 square miles, however, may permit members to attend | 2 | | meetings by other means only in accordance with and to the | 3 | | extent allowed by specific procedural rules adopted by the | 4 | | body. For the purposes of this Section, "local workforce | 5 | | innovation area" means any local workforce innovation area or | 6 | | areas designated by the Governor pursuant to the federal | 7 | | Workforce Innovation and Opportunity Act or its reauthorizing | 8 | | legislation. | 9 | | (e) Subject to the requirements of Section 2.06 but | 10 | | notwithstanding any other provision of law, an open or closed | 11 | | meeting subject to this Act may be conducted by audio or video | 12 | | conference, without the physical presence of a quorum of the | 13 | | members, so long as the following conditions are met: | 14 | | (1) the Governor or the Director of the Illinois | 15 | | Department of Public Health has issued a disaster | 16 | | declaration related to public health concerns because of a | 17 | | disaster as defined in Section 4 of the Illinois Emergency | 18 | | Management Agency Act, and all or part of the jurisdiction | 19 | | of the public body is covered by the disaster area; | 20 | | (2) the head of the public body as defined in | 21 | | subsection (e) of Section 2 of the Freedom of Information | 22 | | Act determines that an in-person meeting or a meeting | 23 | | conducted under this Act is not practical or prudent | 24 | | because of a disaster; | 25 | | (3) all members of the body participating in the | 26 | | meeting, wherever their physical location, shall be |
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| 1 | | verified and can hear one another and can hear all | 2 | | discussion and testimony; | 3 | | (4) for open meetings, members of the public present | 4 | | at the regular meeting location of the body can hear all | 5 | | discussion and testimony and all votes of the members of | 6 | | the body, unless attendance at the regular meeting | 7 | | location is not feasible due to the disaster, including | 8 | | the issued disaster declaration, in which case the public | 9 | | body must make alternative arrangements and provide notice | 10 | | pursuant to this Section of such alternative arrangements | 11 | | in a manner to allow any interested member of the public | 12 | | access to contemporaneously hear all discussion, | 13 | | testimony, and roll call votes, such as by offering a | 14 | | telephone number or a web-based link; | 15 | | (5) at least one member of the body, chief legal | 16 | | counsel, or chief administrative officer is physically | 17 | | present at the regular meeting location, unless unfeasible | 18 | | due to the disaster, including the issued disaster | 19 | | declaration; and | 20 | | (6) all votes are conducted by roll call, so each | 21 | | member's vote on each issue can be identified and | 22 | | recorded. | 23 | | (7) Except in the event of a bona fide emergency, 48 | 24 | | hours' notice shall be given of a meeting to be held | 25 | | pursuant to this Section. Notice shall be given to all | 26 | | members of the public body, shall be posted on the website |
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| 1 | | of the public body, and shall also be provided to any news | 2 | | media who has requested notice of meetings pursuant to | 3 | | subsection (a) of Section 2.02 of this Act. If the public | 4 | | body declares a bona fide emergency: | 5 | | (A) Notice shall be given pursuant to subsection | 6 | | (a) of Section 2.02 of this Act, and the presiding | 7 | | officer shall state the nature of the emergency at the | 8 | | beginning of the meeting. | 9 | | (B) The public body must comply with the verbatim | 10 | | recording requirements set forth in Section 2.06 of | 11 | | this Act. | 12 | | (8) Each member of the body participating in a meeting | 13 | | by audio or video conference for a meeting held pursuant | 14 | | to this Section is considered present at the meeting for | 15 | | purposes of determining a quorum and participating in all | 16 | | proceedings. | 17 | | (9) In addition to the requirements for open meetings | 18 | | under Section 2.06, public bodies holding open meetings | 19 | | under this subsection (e) must also keep a verbatim record | 20 | | of all their meetings in the form of an audio or video | 21 | | recording. Verbatim records made under this paragraph (9) | 22 | | shall be made available to the public under, and are | 23 | | otherwise subject to, the provisions of Section 2.06. | 24 | | (10) The public body shall bear all costs associated | 25 | | with compliance with this subsection (e). | 26 | | (Source: P.A. 103-311, eff. 7-28-23.)". |
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