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Public Act 103-0311


Public Act 0311 103RD GENERAL ASSEMBLY



Public Act 103-0311
HB2447 EnrolledLRB103 30299 DTM 56727 b

    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
        (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
        (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
        (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
        (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
    (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
(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
    (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
    (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
    (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
        (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
        (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.

Effective Date: 7/28/2023