| ||||
Public Act 103-0311 | ||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Open Meetings Act is amended by changing | ||||
Section 2 and 7 as follows:
| ||||
(5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||
Sec. 2. Open meetings.
| ||||
(a) Openness required. All meetings of public
bodies shall | ||||
be open to the public unless excepted in subsection (c)
and | ||||
closed in accordance with Section 2a.
| ||||
(b) Construction of exceptions. The exceptions contained | ||||
in subsection
(c) are in derogation of the requirement that | ||||
public bodies
meet in the open, and therefore, the exceptions | ||||
are to be strictly
construed, extending only to subjects | ||||
clearly within their scope.
The exceptions authorize but do | ||||
not require the holding of
a closed meeting to discuss a | ||||
subject included within an enumerated exception.
| ||||
(c) Exceptions. A public body may hold closed meetings to | ||||
consider the
following subjects:
| ||||
(1) The appointment, employment, compensation, | ||||
discipline, performance,
or dismissal of specific | ||||
employees, specific individuals who serve as independent | ||||
contractors in a park, recreational, or educational |
setting, or specific volunteers of the public body or | ||
legal counsel for
the public body, including hearing
| ||
testimony on a complaint lodged against an employee, a | ||
specific individual who serves as an independent | ||
contractor in a park, recreational, or educational | ||
setting, or a volunteer of the public body or
against | ||
legal counsel for the public body to determine its | ||
validity. However, a meeting to consider an increase in | ||
compensation to a specific employee of a public body that | ||
is subject to the Local Government Wage Increase | ||
Transparency Act may not be closed and shall be open to the | ||
public and posted and held in accordance with this Act.
| ||
(2) Collective negotiating matters between the public | ||
body and its
employees or their representatives, or | ||
deliberations concerning salary
schedules for one or more | ||
classes of employees.
| ||
(3) The selection of a person to fill a public office,
| ||
as defined in this Act, including a vacancy in a public | ||
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or | ||
removal of the occupant of a public office, when the | ||
public body
is given power to remove the occupant under | ||
law or ordinance.
| ||
(4) Evidence or testimony presented in open hearing, | ||
or in closed
hearing where specifically authorized by law, | ||
to
a quasi-adjudicative body, as defined in this Act, |
provided that the body
prepares and makes available for | ||
public inspection a written decision
setting forth its | ||
determinative reasoning.
| ||
(4.5) Evidence or testimony presented to a school | ||
board regarding denial of admission to school events or | ||
property pursuant to Section 24-24 of the School Code, | ||
provided that the school board prepares and makes | ||
available for public inspection a written decision setting | ||
forth its determinative reasoning. | ||
(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the | ||
purpose of discussing
whether a particular parcel should | ||
be acquired.
| ||
(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
| ||
(7) The sale or purchase of securities, investments, | ||
or investment
contracts. This exception shall not apply to | ||
the investment of assets or income of funds deposited into | ||
the Illinois Prepaid Tuition Trust Fund.
| ||
(8) Security procedures, school building safety and | ||
security, and the use of personnel and
equipment to | ||
respond to an actual, a threatened, or a reasonably
| ||
potential danger to the safety of employees, students, | ||
staff, the public, or
public
property.
| ||
(9) Student disciplinary cases.
| ||
(10) The placement of individual students in special |
education
programs and other matters relating to | ||
individual students.
| ||
(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or | ||
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
| ||
recorded and entered into the minutes of the closed | ||
meeting.
| ||
(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and | ||
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
| ||
prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
| ||
association or self insurance pool of which the public | ||
body is a member.
| ||
(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair | ||
housing practices and creating a commission or
| ||
administrative agency for their enforcement.
| ||
(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or |
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
| ||
(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the | ||
advisory body's field of competence.
| ||
(16) Self evaluation, practices and procedures or | ||
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
| ||
(17) The recruitment, credentialing, discipline or | ||
formal peer review
of physicians or other
health care | ||
professionals, or for the discussion of matters protected | ||
under the federal Patient Safety and Quality Improvement | ||
Act of 2005, and the regulations promulgated thereunder, | ||
including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||
Health Insurance Portability and Accountability Act of | ||
1996, and the regulations promulgated thereunder, | ||
including 45 C.F.R. Parts 160, 162, and 164, by a | ||
hospital, or
other institution providing medical care, | ||
that is operated by the public body.
| ||
(18) Deliberations for decisions of the Prisoner | ||
Review Board.
| ||
(19) Review or discussion of applications received | ||
under the
Experimental Organ Transplantation Procedures | ||
Act.
|
(20) The classification and discussion of matters | ||
classified as
confidential or continued confidential by | ||
the State Government Suggestion Award
Board.
| ||
(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the | ||
body of the minutes or semi-annual
review of the minutes | ||
as mandated by Section 2.06.
| ||
(22) Deliberations for decisions of the State
| ||
Emergency Medical Services Disciplinary
Review Board.
| ||
(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or | ||
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery | ||
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
| ||
(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Executive
Council under the Abuse Prevention Review
Team | ||
Act.
| ||
(25) Meetings of an independent team of experts under | ||
Brian's Law. | ||
(26) Meetings of a mortality review team appointed | ||
under the Department of Juvenile Justice Mortality Review | ||
Team Act. | ||
(27) (Blank). | ||
(28) Correspondence and records (i) that may not be |
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(29) Meetings between internal or external auditors | ||
and governmental audit committees, finance committees, and | ||
their equivalents, when the discussion involves internal | ||
control weaknesses, identification of potential fraud risk | ||
areas, known or suspected frauds, and fraud interviews | ||
conducted in accordance with generally accepted auditing | ||
standards of the United States of America. | ||
(30) Those meetings or portions of meetings of a | ||
fatality review team or the Illinois Fatality Review Team | ||
Advisory Council during which a review of the death of an | ||
eligible adult in which abuse or neglect is suspected, | ||
alleged, or substantiated is conducted pursuant to Section | ||
15 of the Adult Protective Services Act. | ||
(31) Meetings and deliberations for decisions of the | ||
Concealed Carry Licensing Review Board under the Firearm | ||
Concealed Carry Act. | ||
(32) Meetings between the Regional Transportation | ||
Authority Board and its Service Boards when the discussion | ||
involves review by the Regional Transportation Authority | ||
Board of employment contracts under Section 28d of the | ||
Metropolitan Transit Authority Act and Sections 3A.18 and | ||
3B.26 of the Regional Transportation Authority Act. | ||
(33) Those meetings or portions of meetings of the |
advisory committee and peer review subcommittee created | ||
under Section 320 of the Illinois Controlled Substances | ||
Act during which specific controlled substance prescriber, | ||
dispenser, or patient information is discussed. | ||
(34) Meetings of the Tax Increment Financing Reform | ||
Task Force under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(35) Meetings of the group established to discuss | ||
Medicaid capitation rates under Section 5-30.8 of the | ||
Illinois Public Aid Code. | ||
(36) Those deliberations or portions of deliberations | ||
for decisions of the Illinois Gaming Board in which there | ||
is discussed any of the following: (i) personal, | ||
commercial, financial, or other information obtained from | ||
any source that is privileged, proprietary, confidential, | ||
or a trade secret; or (ii) information specifically | ||
exempted from the disclosure by federal or State law. | ||
(37) Deliberations for decisions of the Illinois Law
| ||
Enforcement Training Standards Board, the Certification | ||
Review Panel, and the Illinois State Police Merit Board | ||
regarding certification and decertification. | ||
(38) Meetings of the Ad Hoc Statewide Domestic
| ||
Violence Fatality Review Committee of the Illinois | ||
Criminal
Justice Information Authority Board that occur in | ||
closed executive session under subsection (d) of Section | ||
35 of the Domestic Violence Fatality Review Act. |
(39) Meetings of the regional review teams under | ||
subsection (a) of Section 75 of the Domestic Violence | ||
Fatality Review Act. | ||
(40) Meetings of the Firearm Owner's Identification | ||
Card Review Board under Section 10 of the Firearm Owners | ||
Identification Card Act. | ||
(d) Definitions. For purposes of this Section:
| ||
"Employee" means a person employed by a public body whose | ||
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
| ||
"Public office" means a position created by or under the
| ||
Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
| ||
established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
| ||
"Quasi-adjudicative body" means an administrative body | ||
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make | ||
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
| ||
(e) Final action. No final action may be taken at a closed |
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other | ||
information that will inform the
public of the business being | ||
conducted.
| ||
(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||
101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||
8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||
(5 ILCS 120/7)
| ||
Sec. 7. Attendance by a means other than physical | ||
presence. | ||
(a) If a
quorum of the members of the public body is | ||
physically present as required by Section 2.01, a majority of | ||
the public body may allow a member of that body to attend the | ||
meeting by other means if the member is prevented from | ||
physically
attending because of: (i) personal illness or | ||
disability; (ii) employment purposes or
the
business of the | ||
public body; or (iii) a family or other emergency ; or (iv) | ||
unexpected childcare obligations .
"Other means" is by video or | ||
audio conference.
| ||
(b) If a member wishes to attend a meeting by other means, | ||
the
member must notify the
recording secretary or clerk of the
| ||
public body before the meeting unless
advance notice is | ||
impractical.
| ||
(c) A majority of the public body may allow a member to | ||
attend a meeting by other means only in accordance with and to |
the extent allowed by rules adopted by the public body. The | ||
rules must conform to the requirements and restrictions of | ||
this Section, may further limit the extent to which attendance | ||
by other means is allowed, and may provide for the giving of | ||
additional notice to the public or further facilitate public | ||
access to meetings.
| ||
(d) The limitations of this Section shall not apply to (i) | ||
closed meetings of (A) public bodies with statewide | ||
jurisdiction, (B) Illinois library systems with jurisdiction | ||
over a specific geographic area of more than 4,500 square | ||
miles, (C) municipal transit districts with jurisdiction over | ||
a specific geographic area of more than 4,500 square miles, or | ||
(D) local workforce innovation areas with jurisdiction over a | ||
specific geographic area of more than 4,500 square miles or | ||
(ii) open or closed meetings of State advisory boards or | ||
bodies that do not have authority to make binding | ||
recommendations or determinations or to take any other | ||
substantive action. State advisory boards or bodies, public | ||
bodies with statewide jurisdiction, Illinois library systems | ||
with jurisdiction over a specific geographic area of more than | ||
4,500 square miles, municipal transit districts with | ||
jurisdiction over a specific geographic area of more than | ||
4,500 square miles, and local workforce investment areas with | ||
jurisdiction over a specific geographic area of more than | ||
4,500 square miles, however, may permit members to attend | ||
meetings by other means only in accordance with and to the |
extent allowed by specific procedural rules adopted by the | ||
body.
For the purposes of this Section, "local workforce | ||
innovation area" means any local workforce innovation area or | ||
areas designated by the Governor pursuant to the federal | ||
Workforce
Innovation and Opportunity Act or its reauthorizing | ||
legislation. | ||
(e) Subject to the requirements of Section 2.06 but | ||
notwithstanding any other provision of law, an open or closed | ||
meeting subject to this Act may be conducted by audio or video | ||
conference, without the physical presence of a quorum of the | ||
members, so long as the following conditions are met: | ||
(1) the Governor or the Director of the Illinois | ||
Department of Public Health has issued a disaster | ||
declaration related to public health concerns because of a | ||
disaster as defined in Section 4 of the Illinois Emergency | ||
Management Agency Act, and all or part of the jurisdiction | ||
of the public body is covered by the disaster area; | ||
(2) the head of the public body as defined in | ||
subsection (e) of Section 2 of the Freedom of Information | ||
Act determines that an in-person meeting or a meeting | ||
conducted under this Act is not practical or prudent | ||
because of a disaster; | ||
(3) all members of the body participating in the | ||
meeting, wherever their physical location, shall be | ||
verified and can hear one another and can hear all | ||
discussion and testimony; |
(4) for open meetings, members of the public present | ||
at the regular meeting location of the body can hear all | ||
discussion and testimony and all votes of the members of | ||
the body, unless attendance at the regular meeting | ||
location is not feasible due to the disaster, including | ||
the issued disaster declaration, in which case the public | ||
body must make alternative arrangements and provide notice | ||
pursuant to this Section of such alternative arrangements | ||
in a manner to allow any interested member of the public | ||
access to contemporaneously hear all discussion, | ||
testimony, and roll call votes, such as by offering a | ||
telephone number or a web-based link; | ||
(5) at least one member of the body, chief legal | ||
counsel, or chief administrative officer is physically | ||
present at the regular meeting location, unless unfeasible | ||
due to the disaster, including the issued disaster | ||
declaration; and | ||
(6) all votes are conducted by roll call, so each | ||
member's vote on each issue can be identified and | ||
recorded. | ||
(7) Except in the event of a bona fide emergency, 48 | ||
hours' notice shall be given of a meeting to be held | ||
pursuant to this Section. Notice shall be given to all | ||
members of the public body, shall be posted on the website | ||
of the public body, and shall also be provided to any news | ||
media who has requested notice of meetings pursuant to |
subsection (a) of Section 2.02 of this Act. If the public | ||
body declares a bona fide emergency: | ||
(A) Notice shall be given pursuant to subsection | ||
(a) of Section 2.02 of this Act, and the presiding | ||
officer shall state the nature of the emergency at the | ||
beginning of the meeting. | ||
(B) The public body must comply with the verbatim | ||
recording requirements set forth in Section 2.06 of | ||
this Act. | ||
(8) Each member of the body participating in a meeting | ||
by audio or video conference for a meeting held pursuant | ||
to this Section is considered present at the meeting for | ||
purposes of determining a quorum and participating in all | ||
proceedings. | ||
(9) In addition to the requirements for open meetings | ||
under Section 2.06, public bodies holding open meetings | ||
under this subsection (e) must also keep a verbatim record | ||
of all their meetings in the form of an audio or video | ||
recording. Verbatim records made under this paragraph (9) | ||
shall be made available to the public under, and are | ||
otherwise subject to, the provisions of Section 2.06. | ||
(10) The public body shall bear all costs associated | ||
with compliance with this subsection (e).
| ||
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |