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| Public Act 101-0459 |
| HB2124 Enrolled | LRB101 07307 RJF 52347 b |
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AN ACT concerning 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 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. |
(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. |
(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. 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, |
eff. 9-9-15; 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; |
99-687, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff. |
8-31-17; 100-646, eff. 7-27-18.) |
Section 99. Effective date. This Act takes effect upon |
becoming law.
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