Illinois General Assembly - Full Text of HB1097
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Full Text of HB1097  94th General Assembly



HB1097 Engrossed LRB094 08894 RSP 39114 b

1     AN ACT concerning public bodies.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Open Meetings Act is amended by changing
5 Section 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
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 not
16 require the holding of a closed meeting to discuss a subject
17 included within an enumerated exception.
18     (c) Exceptions. A public body may hold closed meetings to
19 consider the following subjects:
20         (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
25     legal counsel for the public body to determine its
26     validity.
27         (2) Collective negotiating matters between the public
28     body and its employees or their representatives, or
29     deliberations concerning salary schedules for one or more
30     classes of employees.
31         (3) The selection of a person to fill a public office,
32     as defined in this Act, including a vacancy in a public



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1     office, when the public body is given power to appoint
2     under law or ordinance, or the discipline, performance or
3     removal of the occupant of a public office, when the public
4     body is given power to remove the occupant under law or
5     ordinance.
6         (4) Evidence or testimony presented in open hearing, or
7     in closed hearing where specifically authorized by law, to
8     a quasi-adjudicative body, as defined in this Act, provided
9     that the body prepares and makes available for public
10     inspection a written decision setting forth its
11     determinative reasoning.
12         (5) The purchase or lease of real property for the use
13     of the public body, including meetings held for the purpose
14     of discussing whether a particular parcel should be
15     acquired.
16         (6) The setting of a price for sale or lease of
17     property owned by the public body.
18         (7) The sale or purchase of securities, investments, or
19     investment contracts.
20         (8) Security procedures and the use of personnel and
21     equipment to respond to an actual, a threatened, or a
22     reasonably potential danger to the safety of employees,
23     students, staff, the public, or public property.
24         (9) Student disciplinary cases.
25         (10) The placement of individual students in special
26     education programs and other matters relating to
27     individual students.
28         (11) Litigation, when an action against, affecting or
29     on behalf of the particular public body has been filed and
30     is pending before a court or administrative tribunal, or
31     when the public body finds that an action is probable or
32     imminent, in which case the basis for the finding shall be
33     recorded and entered into the minutes of the closed
34     meeting.
35         (12) The establishment of reserves or settlement of
36     claims as provided in the Local Governmental and



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1     Governmental Employees Tort Immunity Act, if otherwise the
2     disposition of a claim or potential claim might be
3     prejudiced, or the review or discussion of claims, loss or
4     risk management information, records, data, advice or
5     communications from or with respect to any insurer of the
6     public body or any intergovernmental risk management
7     association or self insurance pool of which the public body
8     is a member.
9         (13) Conciliation of complaints of discrimination in
10     the sale or rental of housing, when closed meetings are
11     authorized by the law or ordinance prescribing fair housing
12     practices and creating a commission or administrative
13     agency for their enforcement.
14         (14) Informant sources, the hiring or assignment of
15     undercover personnel or equipment, or ongoing, prior or
16     future criminal investigations, when discussed by a public
17     body with criminal investigatory responsibilities.
18         (15) Professional ethics or performance when
19     considered by an advisory body appointed to advise a
20     licensing or regulatory agency on matters germane to the
21     advisory body's field of competence.
22         (16) Self evaluation, practices and procedures or
23     professional ethics, when meeting with a representative of
24     a statewide association of which the public body is a
25     member.
26         (17) The recruitment, credentialing, discipline or
27     formal peer review of physicians or other health care
28     professionals for a hospital, or other institution
29     providing medical care, that is operated by the public
30     body.
31         (18) Deliberations for decisions of the Prisoner
32     Review Board.
33         (19) Review or discussion of applications received
34     under the Experimental Organ Transplantation Procedures
35     Act.
36         (20) The classification and discussion of matters



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1     classified as confidential or continued confidential by
2     the State Employees Suggestion Award Board.
3         (21) Discussion of minutes of meetings lawfully closed
4     under this Act, whether for purposes of approval by the
5     body of the minutes or semi-annual review of the minutes as
6     mandated by Section 2.06.
7         (22) Deliberations for decisions of the State
8     Emergency Medical Services Disciplinary Review Board.
9         (23) The operation by a municipality of a municipal
10     utility or the operation of a municipal power agency or
11     municipal natural gas agency when the discussion involves
12     (i) contracts relating to the purchase, sale, or delivery
13     of electricity or natural gas or (ii) the results or
14     conclusions of load forecast studies.
15         (24) Meetings of a residential health care facility
16     resident sexual assault and death review team or the
17     Residential Health Care Facility Resident Sexual Assault
18     and Death Review Teams Executive Council under the
19     Residential Health Care Facility Resident Sexual Assault
20     and Death Review Team Act.
21         (25) Discussion by a civic center board concerning
22     convention or event contracts or convention or event
23     contract proposals.
24     (d) Definitions. For purposes of this Section:
25     "Employee" means a person employed by a public body whose
26 relationship with the public body constitutes an
27 employer-employee relationship under the usual common law
28 rules, and who is not an independent contractor.
29     "Public office" means a position created by or under the
30 Constitution or laws of this State, the occupant of which is
31 charged with the exercise of some portion of the sovereign
32 power of this State. The term "public office" shall include
33 members of the public body, but it shall not include
34 organizational positions filled by members thereof, whether
35 established by law or by a public body itself, that exist to
36 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 information
10 that will inform the public of the business being conducted.
11 (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422,
12 eff. 8-5-03; 93-577, eff. 8-21-03; revised 9-8-03.)