103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2326

 

Introduced 2/10/2023, by Sen. Meg Loughran Cappel

 

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

    Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider evidence or testimony presented to a school board regarding denial of admission to school events or property, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.


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A BILL FOR

 

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1    AN ACT concerning State 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
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) Discussion of minutes of meetings lawfully closed
5    under this Act, whether for purposes of approval by the
6    body of the minutes or semi-annual review of the minutes
7    as mandated by Section 2.06.
8        (22) Deliberations for decisions of the State
9    Emergency Medical Services Disciplinary Review Board.
10        (23) The operation by a municipality of a municipal
11    utility or the operation of a municipal power agency or
12    municipal natural gas agency when the discussion involves
13    (i) contracts relating to the purchase, sale, or delivery
14    of electricity or natural gas or (ii) the results or
15    conclusions of load forecast studies.
16        (24) Meetings of a residential health care facility
17    resident sexual assault and death review team or the
18    Executive Council under the Abuse Prevention Review Team
19    Act.
20        (25) Meetings of an independent team of experts under
21    Brian's Law.
22        (26) Meetings of a mortality review team appointed
23    under the Department of Juvenile Justice Mortality Review
24    Team Act.
25        (27) (Blank).
26        (28) Correspondence and records (i) that may not be

 

 

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1    disclosed under Section 11-9 of the Illinois Public Aid
2    Code or (ii) that pertain to appeals under Section 11-8 of
3    the Illinois Public Aid Code.
4        (29) Meetings between internal or external auditors
5    and governmental audit committees, finance committees, and
6    their equivalents, when the discussion involves internal
7    control weaknesses, identification of potential fraud risk
8    areas, known or suspected frauds, and fraud interviews
9    conducted in accordance with generally accepted auditing
10    standards of the United States of America.
11        (30) Those meetings or portions of meetings of a
12    fatality review team or the Illinois Fatality Review Team
13    Advisory Council during which a review of the death of an
14    eligible adult in which abuse or neglect is suspected,
15    alleged, or substantiated is conducted pursuant to Section
16    15 of the Adult Protective Services Act.
17        (31) Meetings and deliberations for decisions of the
18    Concealed Carry Licensing Review Board under the Firearm
19    Concealed Carry Act.
20        (32) Meetings between the Regional Transportation
21    Authority Board and its Service Boards when the discussion
22    involves review by the Regional Transportation Authority
23    Board of employment contracts under Section 28d of the
24    Metropolitan Transit Authority Act and Sections 3A.18 and
25    3B.26 of the Regional Transportation Authority Act.
26        (33) Those meetings or portions of meetings of the

 

 

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

 

 

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1        (39) Meetings of the regional review teams under
2    subsection (a) of Section 75 of the Domestic Violence
3    Fatality Review Act.
4        (40) Meetings of the Firearm Owner's Identification
5    Card Review Board under Section 10 of the Firearm Owners
6    Identification Card Act.
7    (d) Definitions. For purposes of this Section:
8    "Employee" means a person employed by a public body whose
9relationship with the public body constitutes an
10employer-employee relationship under the usual common law
11rules, and who is not an independent contractor.
12    "Public office" means a position created by or under the
13Constitution or laws of this State, the occupant of which is
14charged with the exercise of some portion of the sovereign
15power of this State. The term "public office" shall include
16members of the public body, but it shall not include
17organizational positions filled by members thereof, whether
18established by law or by a public body itself, that exist to
19assist the body in the conduct of its business.
20    "Quasi-adjudicative body" means an administrative body
21charged by law or ordinance with the responsibility to conduct
22hearings, receive evidence or testimony and make
23determinations based thereon, but does not include local
24electoral boards when such bodies are considering petition
25challenges.
26    (e) Final action. No final action may be taken at a closed

 

 

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1meeting. Final action shall be preceded by a public recital of
2the nature of the matter being considered and other
3information that will inform the public of the business being
4conducted.
5(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
6101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
78-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)