State of Illinois
2023 and 2024


Introduced 2/9/2024, by Rep. Ann M. Williams


5 ILCS 120/1.02  from Ch. 102, par. 41.02
5 ILCS 120/2  from Ch. 102, par. 42
5 ILCS 120/2.02  from Ch. 102, par. 42.02
5 ILCS 120/2.07 new

    Amends the Open Meetings Act. Provides that for a 3-member public body, "meeting" does not include a gathering of 2 members of the public body, except when gathered for a regularly scheduled meeting, or otherwise gathered to adopt any motion, resolution, or ordinance. Provides that for a 3-member body, 2 members of the body constitute a quorum and the affirmative vote of 2 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise provided. Allows a Police District Council to conduct a closed meeting if discussion of an issue of public safety concerns: (i) the privacy of individuals involved; (ii) law enforcement or official misconduct investigations involving specific individuals; or (iii) other topics that if discussed in an open meeting would pose an unreasonable risk to an ongoing criminal investigation, or an unreasonable risk to the safety of the general public. Allows a public body that has a website which is maintained by full-time staff of the public body to post public notice for a special meeting solely by posting notice on its website. Adds a provision allowing Police District Councils, created pursuant to the Municipal Code of Chicago, to hold meetings (other than the required regularly scheduled monthly meetings) by audio or video conference, without the physical presence of the members, subject to specified conditions.

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HB5624LRB103 39518 MXP 69719 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Sections 1.02, 2, and 2.02 and by adding Section 2.07 as
7    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
8    Sec. 1.02. For the purposes of this Act:
9    "Meeting" means any gathering, whether in person or by
10video or audio conference, telephone call, electronic means
11(such as, without limitation, electronic mail, electronic
12chat, and instant messaging), or other means of
13contemporaneous interactive communication, of a majority of a
14quorum of the members of a public body held for the purpose of
15discussing public business or, for a 5-member public body, a
16quorum of the members of a public body held for the purpose of
17discussing public business. For a 3-member public body,
18"meeting" does not include a gathering of 2 members of the
19public body, except when gathered for a regularly scheduled
20meeting, or otherwise gathered to adopt any motion,
21resolution, or ordinance.
22    Accordingly, for a 5-member public body, 3 members of the
23body constitute a quorum and the affirmative vote of 3 members



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1is necessary to adopt any motion, resolution, or ordinance,
2unless a greater number is otherwise required. For a 3-member
3body, 2 members of the body constitute a quorum and the
4affirmative vote of 2 members is necessary to adopt any
5motion, resolution, or ordinance, unless a greater number is
6otherwise provided.
7    "Public body" includes all legislative, executive,
8administrative or advisory bodies of the State, counties,
9townships, cities, villages, incorporated towns, school
10districts and all other municipal corporations, boards,
11bureaus, committees or commissions of this State, and any
12subsidiary bodies of any of the foregoing including but not
13limited to committees and subcommittees which are supported in
14whole or in part by tax revenue, or which expend tax revenue,
15except the General Assembly and committees or commissions
16thereof. "Public body" includes tourism boards and convention
17or civic center boards located in counties that are contiguous
18to the Mississippi River with populations of more than 250,000
19but less than 300,000. "Public body" includes the Health
20Facilities and Services Review Board. "Public body" does not
21include a child death review team or the Illinois Child Death
22Review Teams Executive Council established under the Child
23Death Review Team Act, an ethics commission acting under the
24State Officials and Employees Ethics Act, a regional youth
25advisory board or the Statewide Youth Advisory Board
26established under the Department of Children and Family



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1Services Statewide Youth Advisory Board Act, or the Illinois
2Independent Tax Tribunal.
3(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
4    (5 ILCS 120/2)  (from Ch. 102, par. 42)
5    Sec. 2. Open meetings.
6    (a) Openness required. All meetings of public bodies shall
7be open to the public unless excepted in subsection (c) and
8closed in accordance with Section 2a.
9    (b) Construction of exceptions. The exceptions contained
10in subsection (c) are in derogation of the requirement that
11public bodies meet in the open, and therefore, the exceptions
12are to be strictly construed, extending only to subjects
13clearly within their scope. The exceptions authorize but do
14not require the holding of a closed meeting to discuss a
15subject included within an enumerated exception.
16    (c) Exceptions. A public body may hold closed meetings to
17consider the following subjects:
18        (1) The appointment, employment, compensation,
19    discipline, performance, or dismissal of specific
20    employees, specific individuals who serve as independent
21    contractors in a park, recreational, or educational
22    setting, or specific volunteers of the public body or
23    legal counsel for the public body, including hearing
24    testimony on a complaint lodged against an employee, a
25    specific individual who serves as an independent



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1    contractor in a park, recreational, or educational
2    setting, or a volunteer of the public body or against
3    legal counsel for the public body to determine its
4    validity. However, a meeting to consider an increase in
5    compensation to a specific employee of a public body that
6    is subject to the Local Government Wage Increase
7    Transparency Act may not be closed and shall be open to the
8    public and posted and held in accordance with this Act.
9        (2) Collective negotiating matters between the public
10    body and its employees or their representatives, or
11    deliberations concerning salary schedules for one or more
12    classes of employees.
13        (3) The selection of a person to fill a public office,
14    as defined in this Act, including a vacancy in a public
15    office, when the public body is given power to appoint
16    under law or ordinance, or the discipline, performance or
17    removal of the occupant of a public office, when the
18    public body is given power to remove the occupant under
19    law or ordinance.
20        (4) Evidence or testimony presented in open hearing,
21    or in closed hearing where specifically authorized by law,
22    to a quasi-adjudicative body, as defined in this Act,
23    provided that the body prepares and makes available for
24    public inspection a written decision setting forth its
25    determinative reasoning.
26        (4.5) Evidence or testimony presented to a school



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1    board regarding denial of admission to school events or
2    property pursuant to Section 24-24 of the School Code,
3    provided that the school board prepares and makes
4    available for public inspection a written decision setting
5    forth its determinative reasoning.
6        (4.7) A meeting held by a Police District Council,
7    created pursuant to Section 2-80-070 of the Municipal Code
8    of Chicago, where discussion of an issue of public safety
9    concerns: (i) the privacy of individuals involved; (ii)
10    law enforcement or official misconduct investigations
11    involving specific individuals; or (iii) other topics that
12    if discussed in an open meeting would pose an unreasonable
13    risk to an ongoing criminal investigation, or an
14    unreasonable risk to the safety of the general public.
15        (5) The purchase or lease of real property for the use
16    of the public body, including meetings held for the
17    purpose of discussing whether a particular parcel should
18    be acquired.
19        (6) The setting of a price for sale or lease of
20    property owned by the public body.
21        (7) The sale or purchase of securities, investments,
22    or investment contracts. This exception shall not apply to
23    the investment of assets or income of funds deposited into
24    the Illinois Prepaid Tuition Trust Fund.
25        (8) Security procedures, school building safety and
26    security, and the use of personnel and equipment to



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



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



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



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



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1    involves review by the Regional Transportation Authority
2    Board of employment contracts under Section 28d of the
3    Metropolitan Transit Authority Act and Sections 3A.18 and
4    3B.26 of the Regional Transportation Authority Act.
5        (33) Those meetings or portions of meetings of the
6    advisory committee and peer review subcommittee created
7    under Section 320 of the Illinois Controlled Substances
8    Act during which specific controlled substance prescriber,
9    dispenser, or patient information is discussed.
10        (34) Meetings of the Tax Increment Financing Reform
11    Task Force under Section 2505-800 of the Department of
12    Revenue Law of the Civil Administrative Code of Illinois.
13        (35) Meetings of the group established to discuss
14    Medicaid capitation rates under Section 5-30.8 of the
15    Illinois Public Aid Code.
16        (36) Those deliberations or portions of deliberations
17    for decisions of the Illinois Gaming Board in which there
18    is discussed any of the following: (i) personal,
19    commercial, financial, or other information obtained from
20    any source that is privileged, proprietary, confidential,
21    or a trade secret; or (ii) information specifically
22    exempted from the disclosure by federal or State law.
23        (37) Deliberations for decisions of the Illinois Law
24    Enforcement Training Standards Board, the Certification
25    Review Panel, and the Illinois State Police Merit Board
26    regarding certification and decertification.



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1        (38) Meetings of the Ad Hoc Statewide Domestic
2    Violence Fatality Review Committee of the Illinois
3    Criminal Justice Information Authority Board that occur in
4    closed executive session under subsection (d) of Section
5    35 of the Domestic Violence Fatality Review Act.
6        (39) Meetings of the regional review teams under
7    subsection (a) of Section 75 of the Domestic Violence
8    Fatality Review Act.
9        (40) Meetings of the Firearm Owner's Identification
10    Card Review Board under Section 10 of the Firearm Owners
11    Identification Card Act.
12    (d) Definitions. For purposes of this Section:
13    "Employee" means a person employed by a public body whose
14relationship with the public body constitutes an
15employer-employee relationship under the usual common law
16rules, and who is not an independent contractor.
17    "Public office" means a position created by or under the
18Constitution or laws of this State, the occupant of which is
19charged with the exercise of some portion of the sovereign
20power of this State. The term "public office" shall include
21members of the public body, but it shall not include
22organizational positions filled by members thereof, whether
23established by law or by a public body itself, that exist to
24assist the body in the conduct of its business.
25    "Quasi-adjudicative body" means an administrative body
26charged by law or ordinance with the responsibility to conduct



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1hearings, receive evidence or testimony and make
2determinations based thereon, but does not include local
3electoral boards when such bodies are considering petition
5    (e) Final action. No final action may be taken at a closed
6meeting. Final action shall be preceded by a public recital of
7the nature of the matter being considered and other
8information that will inform the public of the business being
10(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
11102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
13    (5 ILCS 120/2.02)  (from Ch. 102, par. 42.02)
14    Sec. 2.02. Public notice of all meetings, whether open or
15closed to the public, shall be given as follows:
16    (a) Every public body shall give public notice of the
17schedule of regular meetings at the beginning of each calendar
18or fiscal year and shall state the regular dates, times, and
19places of such meetings. An agenda for each regular meeting
20shall be posted at the principal office of the public body, if
21such an office exists, and at the location where the meeting is
22to be held at least 48 hours in advance of the holding of the
23meeting. A public body that has a website that the full-time
24staff of the public body maintains shall also post on its
25website the agenda of any regular meetings of the governing



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1body of that public body. Any agenda of a regular meeting that
2is posted on a public body's website shall remain posted on the
3website until the regular meeting is concluded. The
4requirement of a regular meeting agenda shall not preclude the
5consideration of items not specifically set forth in the
6agenda. Public notice of any special meeting except a meeting
7held in the event of a bona fide emergency, or of any
8rescheduled regular meeting, or of any reconvened meeting,
9shall be given at least 48 hours before such meeting, which
10notice shall also include the agenda for the special,
11rescheduled, or reconvened meeting, but the validity of any
12action taken by the public body which is germane to a subject
13on the agenda shall not be affected by other errors or
14omissions in the agenda. The requirement of public notice of
15reconvened meetings does not apply to any case where the
16meeting was open to the public and (1) it is to be reconvened
17within 24 hours, or (2) an announcement of the time and place
18of the reconvened meeting was made at the original meeting and
19there is no change in the agenda. Notice of an emergency
20meeting shall be given as soon as practicable, but in any event
21prior to the holding of such meeting, to any news medium which
22has filed an annual request for notice under subsection (b) of
23this Section.
24    (b) Public notice shall be given by posting a copy of the
25notice at the principal office of the body holding the meeting
26or, if no such office exists, at the building in which the



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1meeting is to be held. In addition, a public body that has a
2website that the full-time staff of the public body maintains
3shall post notice on its website of all meetings of the
4governing body of the public body. For a public body that has a
5website that the full-time staff of the public body maintains,
6public notice for a special meeting may be given solely by
7posting notice on its website. Any notice of an annual
8schedule of meetings shall remain on the website until a new
9public notice of the schedule of regular meetings is approved.
10Any notice of a regular meeting that is posted on a public
11body's website shall remain posted on the website until the
12regular meeting is concluded. The body shall supply copies of
13the notice of its regular meetings, and of the notice of any
14special, emergency, rescheduled or reconvened meeting, to any
15news medium that has filed an annual request for such notice.
16Any such news medium shall also be given the same notice of all
17special, emergency, rescheduled or reconvened meetings in the
18same manner as is given to members of the body provided such
19news medium has given the public body an address or telephone
20number within the territorial jurisdiction of the public body
21at which such notice may be given. The failure of a public body
22to post on its website notice of any meeting or the agenda of
23any meeting shall not invalidate any meeting or any actions
24taken at a meeting.
25    (c) Any agenda required under this Section shall set forth
26the general subject matter of any resolution or ordinance that



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1will be the subject of final action at the meeting. The public
2body conducting a public meeting shall ensure that at least
3one copy of any requested notice and agenda for the meeting is
4continuously available for public review during the entire
548-hour period preceding the meeting. Posting of the notice
6and agenda on a website that is maintained by the public body
7satisfies the requirement for continuous posting under this
8subsection (c). If a notice or agenda is not continuously
9available for the full 48-hour period due to actions outside
10of the control of the public body, then that lack of
11availability does not invalidate any meeting or action taken
12at a meeting.
13(Source: P.A. 97-827, eff. 1-1-13.)
14    (5 ILCS 120/2.07 new)
15    Sec. 2.07. Police District Councils. With the exception of
16the required regularly scheduled monthly meetings, Police
17District Councils created pursuant to Section 2-80-070 of the
18Municipal Code of Chicago, may hold meetings by audio or video
19conference, without the physical presence of the members,
20subject to the following conditions:
21        (1) All Police District Council members participating
22    in the meeting, wherever their physical location, shall be
23    verified and can hear one another and can hear all
24    discussion and testimony.
25        (2) Any members of the public attending the meeting



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1    can hear all Police District Council members and all
2    discussion, testimony, and roll-call votes.
3        (3) Notice of the remote meeting, including how to
4    contemporaneously hear all discussion, testimony, and
5    roll-call votes, whether by telephone number or web-based
6    link, is provided to the public at least 48 hours prior to
7    the meeting, except in the case of a bona fide emergency.
8        (4) All votes are conducted by roll call, so each
9    member's vote on each issue can be identified and
10    recorded.
11        (5) A verbatim record is kept in the form of an audio
12    or video recording
    and made available to the public not
13    less than 48 hours after the conclusion of the meeting.