Illinois General Assembly - Full Text of HB2124
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Full Text of HB2124  101st General Assembly




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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
5Section 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
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 not
16require the holding of a closed meeting to discuss a subject
17included 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 legal
2    counsel for the public body, including hearing testimony on
3    a complaint lodged against an employee, a specific
4    individual who serves as an independent contractor in a
5    park, recreational, or educational setting, or a volunteer
6    of the public body or against legal counsel for the public
7    body to determine its validity. However, a meeting to
8    consider an increase in compensation to a specific employee
9    of a public body that is subject to the Local Government
10    Wage Increase Transparency Act may not be closed and shall
11    be open to the public and posted and held in accordance
12    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 public
22    body is given power to remove the occupant under law or
23    ordinance.
24        (4) Evidence or testimony presented in open hearing, or
25    in closed hearing where specifically authorized by law, to
26    a quasi-adjudicative body, as defined in this Act, provided



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1    that the body prepares and makes available for public
2    inspection a written decision setting forth its
3    determinative reasoning.
4        (5) The purchase or lease of real property for the use
5    of the public body, including meetings held for the purpose
6    of discussing whether a particular parcel should be
7    acquired.
8        (6) The setting of a price for sale or lease of
9    property owned by the public body.
10        (7) The sale or purchase of securities, investments, or
11    investment contracts. This exception shall not apply to the
12    investment of assets or income of funds deposited into the
13    Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to respond
16    to an actual, a threatened, or a reasonably potential
17    danger to the safety of employees, students, staff, the
18    public, or public property.
19        (9) Student disciplinary cases.
20        (10) The placement of individual students in special
21    education programs and other matters relating to
22    individual students.
23        (11) Litigation, when an action against, affecting or
24    on behalf of the particular public body has been filed and
25    is pending before a court or administrative tribunal, or
26    when the public body finds that an action is probable or



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1    imminent, in which case the basis for the finding shall be
2    recorded and entered into the minutes of the closed
3    meeting.
4        (12) The establishment of reserves or settlement of
5    claims as provided in the Local Governmental and
6    Governmental Employees Tort Immunity Act, if otherwise the
7    disposition of a claim or potential claim might be
8    prejudiced, or the review or discussion of claims, loss or
9    risk management information, records, data, advice or
10    communications from or with respect to any insurer of the
11    public body or any intergovernmental risk management
12    association or self insurance pool of which the public body
13    is a member.
14        (13) Conciliation of complaints of discrimination in
15    the sale or rental of housing, when closed meetings are
16    authorized by the law or ordinance prescribing fair housing
17    practices and creating a commission or administrative
18    agency for their enforcement.
19        (14) Informant sources, the hiring or assignment of
20    undercover personnel or equipment, or ongoing, prior or
21    future criminal investigations, when discussed by a public
22    body with criminal investigatory responsibilities.
23        (15) Professional ethics or performance when
24    considered by an advisory body appointed to advise a
25    licensing or regulatory agency on matters germane to the
26    advisory body's field of competence.



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1        (16) Self evaluation, practices and procedures or
2    professional ethics, when meeting with a representative of
3    a statewide association of which the public body is a
4    member.
5        (17) The recruitment, credentialing, discipline or
6    formal peer review of physicians or other health care
7    professionals, or for the discussion of matters protected
8    under the federal Patient Safety and Quality Improvement
9    Act of 2005, and the regulations promulgated thereunder,
10    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11    Health Insurance Portability and Accountability Act of
12    1996, and the regulations promulgated thereunder,
13    including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
14    or other institution providing medical care, that is
15    operated by the public body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes as



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1    mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) (Blank).
20        (28) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (29) Meetings between internal or external auditors
25    and governmental audit committees, finance committees, and
26    their equivalents, when the discussion involves internal



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1    control weaknesses, identification of potential fraud risk
2    areas, known or suspected frauds, and fraud interviews
3    conducted in accordance with generally accepted auditing
4    standards of the United States of America.
5        (30) Those meetings or portions of meetings of a
6    fatality review team or the Illinois Fatality Review Team
7    Advisory Council during which a review of the death of an
8    eligible adult in which abuse or neglect is suspected,
9    alleged, or substantiated is conducted pursuant to Section
10    15 of the Adult Protective Services Act.
11        (31) Meetings and deliberations for decisions of the
12    Concealed Carry Licensing Review Board under the Firearm
13    Concealed Carry Act.
14        (32) Meetings between the Regional Transportation
15    Authority Board and its Service Boards when the discussion
16    involves review by the Regional Transportation Authority
17    Board of employment contracts under Section 28d of the
18    Metropolitan Transit Authority Act and Sections 3A.18 and
19    3B.26 of the Regional Transportation Authority Act.
20        (33) Those meetings or portions of meetings of the
21    advisory committee and peer review subcommittee created
22    under Section 320 of the Illinois Controlled Substances Act
23    during which specific controlled substance prescriber,
24    dispenser, or patient information is discussed.
25        (34) Meetings of the Tax Increment Financing Reform
26    Task Force under Section 2505-800 of the Department of



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1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5    (d) Definitions. For purposes of this Section:
6    "Employee" means a person employed by a public body whose
7relationship with the public body constitutes an
8employer-employee relationship under the usual common law
9rules, and who is not an independent contractor.
10    "Public office" means a position created by or under the
11Constitution or laws of this State, the occupant of which is
12charged with the exercise of some portion of the sovereign
13power of this State. The term "public office" shall include
14members of the public body, but it shall not include
15organizational positions filled by members thereof, whether
16established by law or by a public body itself, that exist to
17assist the body in the conduct of its business.
18    "Quasi-adjudicative body" means an administrative body
19charged by law or ordinance with the responsibility to conduct
20hearings, receive evidence or testimony and make
21determinations based thereon, but does not include local
22electoral boards when such bodies are considering petition
24    (e) Final action. No final action may be taken at a closed
25meeting. Final action shall be preceded by a public recital of
26the nature of the matter being considered and other information



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1that will inform the public of the business being conducted.
2(Source: P.A. 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480,
3eff. 9-9-15; 99-642, eff. 7-28-16; 99-646, eff. 7-28-16;
499-687, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff.
58-31-17; 100-646, eff. 7-27-18.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.