103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3774

 

Introduced 2/9/2024, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2  from Ch. 102, par. 42
5 ILCS 120/2.06  from Ch. 102, par. 42.06

    Amends the Open Meetings Act. Provides that a public body may hold a closed session to consider the minutes (instead of discussion of minutes) of meetings lawfully closed under the Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes, and, notwithstanding the requirement of the Act that no final action may be taken at a closed meeting, the final approval of minutes in closed session. In provisions concerning the semi-annual review of minutes of a closed session, provides that the public body may may approve any closed session minutes taken since the last meeting to fully satisfy the requirement to approve closed session minutes at a public meeting.


LRB103 37235 MXP 67354 b

 

 

A BILL FOR

 

SB3774LRB103 37235 MXP 67354 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 2 and 2.06 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
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

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

 

 

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1    provided that the body prepares and makes available for
2    public inspection a written decision setting forth its
3    determinative reasoning.
4        (4.5) Evidence or testimony presented to a school
5    board regarding denial of admission to school events or
6    property pursuant to Section 24-24 of the School Code,
7    provided that the school board prepares and makes
8    available for public inspection a written decision setting
9    forth its determinative reasoning.
10        (5) The purchase or lease of real property for the use
11    of the public body, including meetings held for the
12    purpose of discussing whether a particular parcel should
13    be acquired.
14        (6) The setting of a price for sale or lease of
15    property owned by the public body.
16        (7) The sale or purchase of securities, investments,
17    or investment contracts. This exception shall not apply to
18    the investment of assets or income of funds deposited into
19    the Illinois Prepaid Tuition Trust Fund.
20        (8) Security procedures, school building safety and
21    security, and the use of personnel and equipment to
22    respond to an actual, a threatened, or a reasonably
23    potential danger to the safety of employees, students,
24    staff, the public, or public property.
25        (9) Student disciplinary cases.
26        (10) The placement of individual students in special

 

 

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1    education programs and other matters relating to
2    individual students.
3        (11) Litigation, when an action against, affecting or
4    on behalf of the particular public body has been filed and
5    is pending before a court or administrative tribunal, or
6    when the public body finds that an action is probable or
7    imminent, in which case the basis for the finding shall be
8    recorded and entered into the minutes of the closed
9    meeting.
10        (12) The establishment of reserves or settlement of
11    claims as provided in the Local Governmental and
12    Governmental Employees Tort Immunity Act, if otherwise the
13    disposition of a claim or potential claim might be
14    prejudiced, or the review or discussion of claims, loss or
15    risk management information, records, data, advice or
16    communications from or with respect to any insurer of the
17    public body or any intergovernmental risk management
18    association or self insurance pool of which the public
19    body is a member.
20        (13) Conciliation of complaints of discrimination in
21    the sale or rental of housing, when closed meetings are
22    authorized by the law or ordinance prescribing fair
23    housing practices and creating a commission or
24    administrative agency for their enforcement.
25        (14) Informant sources, the hiring or assignment of
26    undercover personnel or equipment, or ongoing, prior or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1challenges.
2    (e) Final action. No final action may be taken at a closed
3meeting. Final action shall be preceded by a public recital of
4the nature of the matter being considered and other
5information that will inform the public of the business being
6conducted.
7(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
8102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
97-28-23.)
 
10    (5 ILCS 120/2.06)  (from Ch. 102, par. 42.06)
11    Sec. 2.06. Minutes; right to speak.
12    (a) All public bodies shall keep written minutes of all
13their meetings, whether open or closed, and a verbatim record
14of all their closed meetings in the form of an audio or video
15recording. Minutes shall include, but need not be limited to:
16        (1) the date, time and place of the meeting;
17        (2) the members of the public body recorded as either
18    present or absent and whether the members were physically
19    present or present by means of video or audio conference;
20    and
21        (3) a summary of discussion on all matters proposed,
22    deliberated, or decided, and a record of any votes taken.
23    (b) A public body shall approve the minutes of its open
24meeting within 30 days after that meeting or at the public
25body's second subsequent regular meeting, whichever is later.

 

 

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1The minutes of meetings open to the public shall be available
2for public inspection within 10 days after the approval of
3such minutes by the public body. Beginning July 1, 2006, at the
4time it complies with the other requirements of this
5subsection, a public body that has a website that the
6full-time staff of the public body maintains shall post the
7minutes of a regular meeting of its governing body open to the
8public on the public body's website within 10 days after the
9approval of the minutes by the public body. Beginning July 1,
102006, any minutes of meetings open to the public posted on the
11public body's website shall remain posted on the website for
12at least 60 days after their initial posting.
13    (c) The verbatim record may be destroyed without
14notification to or the approval of a records commission or the
15State Archivist under the Local Records Act or the State
16Records Act no less than 18 months after the completion of the
17meeting recorded but only after:
18        (1) the public body approves the destruction of a
19    particular recording; and
20        (2) the public body approves minutes of the closed
21    meeting that meet the written minutes requirements of
22    subsection (a) of this Section.
23    (d) Each public body shall periodically meet to review
24minutes of all closed meetings. Meetings to review minutes
25shall occur every 6 months, or as soon thereafter as is
26practicable, taking into account the nature and meeting

 

 

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1schedule of the public body. Committees which are ad hoc in
2nature shall review closed session minutes at the later of (1)
36 months from the date of the last review of closed session
4minutes or (2) at the next scheduled meeting of the ad hoc
5committee. At such meetings a determination shall be made, and
6reported in an open session that (1) the need for
7confidentiality still exists as to all or part of those
8minutes or (2) that the minutes or portions thereof no longer
9require confidential treatment and are available for public
10inspection. The failure of a public body to strictly comply
11with the semi-annual review of closed session written minutes,
12whether before or after the effective date of this amendatory
13Act of the 94th General Assembly, shall not cause the written
14minutes or related verbatim record to become public or
15available for inspection in any judicial proceeding, other
16than a proceeding involving an alleged violation of this Act,
17if the public body, within 60 days of discovering its failure
18to strictly comply with the technical requirements of this
19subsection, reviews the closed session minutes and determines
20and thereafter reports in open session that either (1) the
21need for confidentiality still exists as to all or part of the
22minutes or verbatim record, or (2) that the minutes or
23recordings or portions thereof no longer require confidential
24treatment and are available for public inspection. The public
25body may approve any closed session minutes taken since the
26previous meeting under this subsection to fully satisfy the

 

 

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1requirement to approve closed session minutes at a public
2meeting.
3    (e) Unless the public body has made a determination that
4the verbatim recording no longer requires confidential
5treatment or otherwise consents to disclosure, the verbatim
6record of a meeting closed to the public shall not be open for
7public inspection or subject to discovery in any
8administrative or judicial proceeding other than one brought
9to enforce this Act. In the case of a civil action brought to
10enforce this Act, the court, if the judge believes such an
11examination is necessary, must conduct such in camera
12examination of the verbatim record as it finds appropriate in
13order to determine whether there has been a violation of this
14Act. In the case of a criminal proceeding, the court may
15conduct an examination in order to determine what portions, if
16any, must be made available to the parties for use as evidence
17in the prosecution. Any such initial inspection must be held
18in camera. If the court determines that a complaint or suit
19brought for noncompliance under this Act is valid it may, for
20the purposes of discovery, redact from the minutes of the
21meeting closed to the public any information deemed to qualify
22under the attorney-client privilege. The provisions of this
23subsection do not supersede the privacy or confidentiality
24provisions of State or federal law. Access to verbatim
25recordings shall be provided to duly elected officials or
26appointed officials filling a vacancy of an elected office in

 

 

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1a public body, and access shall be granted in the public body's
2main office or official storage location, in the presence of a
3records secretary, an administrative official of the public
4body, or any elected official of the public body. No verbatim
5recordings shall be recorded or removed from the public body's
6main office or official storage location, except by vote of
7the public body or by court order. Nothing in this subsection
8(e) is intended to limit the Public Access Counselor's access
9to those records necessary to address a request for
10administrative review under Section 7.5 of this Act.
11    (f) Minutes of meetings closed to the public shall be
12available only after the public body determines that it is no
13longer necessary to protect the public interest or the privacy
14of an individual by keeping them confidential, except that
15duly elected officials or appointed officials filling a
16vacancy of an elected office in a public body shall be provided
17access to minutes of meetings closed to the public. Access to
18minutes shall be granted in the public body's main office or
19official storage location, in the presence of a records
20secretary, an administrative official of the public body, or
21any elected official of the public body. No minutes of
22meetings closed to the public shall be removed from the public
23body's main office or official storage location, except by
24vote of the public body or by court order. Nothing in this
25subsection (f) is intended to limit the Public Access
26Counselor's access to those records necessary to address a

 

 

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1request for administrative review under Section 7.5 of this
2Act.
3    (g) Any person shall be permitted an opportunity to
4address public officials under the rules established and
5recorded by the public body.
6    (h) When a public body is dissolved, disbanded,
7eliminated, or consolidated by executive action, legislative
8action, or referendum, and its functions and responsibilities
9are assumed by a unit of local government, the unit of local
10government which assumes the functions of the prior public
11body shall review the closed session minutes of that public
12body pursuant to subsection (d).
13(Source: P.A. 102-653, eff. 1-1-22.)