Full Text of HB4402 103rd General Assembly
HB4402ham001 103RD GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 3/11/2024 | | 10300HB4402ham001 | | LRB103 36387 BDA 70485 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4402
| 2 | | AMENDMENT NO. ______. Amend House Bill 4402 on page 1, | 3 | | line 5, by replacing "1.02 and" with "1.02, 2, and"; and | 4 | | on page 3, immediately below line 1, by inserting the | 5 | | following: | 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 | 9 | | be open to the public unless excepted in subsection (c) and | 10 | | closed in accordance with Section 2a. | 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection (c) are in derogation of the requirement that | 13 | | public bodies meet in the open, and therefore, the exceptions | 14 | | are to be strictly construed, extending only to subjects | 15 | | clearly within their scope. The exceptions authorize but do | 16 | | not require the holding of a closed meeting to discuss a |
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| 1 | | subject included within an enumerated exception. | 2 | | (c) Exceptions. A public body may hold closed meetings to | 3 | | consider the following subjects: | 4 | | (1) The appointment, employment, compensation, | 5 | | discipline, performance, or dismissal of specific | 6 | | employees, specific individuals who serve as independent | 7 | | contractors in a park, recreational, or educational | 8 | | setting, or specific volunteers of the public body or | 9 | | legal counsel for the public body, including hearing | 10 | | testimony on a complaint lodged against an employee, a | 11 | | specific individual who serves as an independent | 12 | | contractor in a park, recreational, or educational | 13 | | setting, or a volunteer of the public body or against | 14 | | legal counsel for the public body to determine its | 15 | | validity. However, a meeting to consider an increase in | 16 | | compensation to a specific employee of a public body that | 17 | | is subject to the Local Government Wage Increase | 18 | | Transparency Act may not be closed and shall be open to the | 19 | | public and posted and held in accordance with this Act. | 20 | | (2) Collective negotiating matters between the public | 21 | | body and its employees or their representatives, or | 22 | | deliberations concerning salary schedules for one or more | 23 | | classes of employees. | 24 | | (3) The selection of a person to fill a public office, | 25 | | as defined in this Act, including a vacancy in a public | 26 | | office, when the public body is given power to appoint |
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| 1 | | under law or ordinance, or the discipline, performance or | 2 | | removal of the occupant of a public office, when the | 3 | | public body is given power to remove the occupant under | 4 | | law or ordinance. | 5 | | (4) Evidence or testimony presented in open hearing, | 6 | | or in closed hearing where specifically authorized by law, | 7 | | to a quasi-adjudicative body, as defined in this Act, | 8 | | provided that the body prepares and makes available for | 9 | | public inspection a written decision setting forth its | 10 | | determinative reasoning. | 11 | | (4.5) Evidence or testimony presented to a school | 12 | | board regarding denial of admission to school events or | 13 | | property pursuant to Section 24-24 of the School Code, | 14 | | provided that the school board prepares and makes | 15 | | available for public inspection a written decision setting | 16 | | forth its determinative reasoning. | 17 | | (5) The purchase or lease of real property for the use | 18 | | of the public body, including meetings held for the | 19 | | purpose of discussing whether a particular parcel should | 20 | | be acquired. | 21 | | (6) The setting of a price for sale or lease of | 22 | | property owned by the public body. | 23 | | (7) The sale or purchase of securities, investments, | 24 | | or investment contracts. This exception shall not apply to | 25 | | the investment of assets or income of funds deposited into | 26 | | the Illinois Prepaid Tuition Trust Fund. |
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| 1 | | (8) Security procedures, school building safety and | 2 | | security, and the use of personnel and equipment to | 3 | | respond to an actual, a threatened, or a reasonably | 4 | | potential danger to the safety of employees, students, | 5 | | staff, the public, or public property. | 6 | | (9) Student disciplinary cases. | 7 | | (10) The placement of individual students in special | 8 | | education programs and other matters relating to | 9 | | individual students. | 10 | | (11) Litigation, when an action against, affecting or | 11 | | on behalf of the particular public body has been filed and | 12 | | is pending before a court or administrative tribunal, or | 13 | | when the public body finds that an action is probable or | 14 | | imminent, in which case the basis for the finding shall be | 15 | | recorded and entered into the minutes of the closed | 16 | | meeting. | 17 | | (12) The establishment of reserves or settlement of | 18 | | claims as provided in the Local Governmental and | 19 | | Governmental Employees Tort Immunity Act, if otherwise the | 20 | | disposition of a claim or potential claim might be | 21 | | prejudiced, or the review or discussion of claims, loss or | 22 | | risk management information, records, data, advice or | 23 | | communications from or with respect to any insurer of the | 24 | | public body or any intergovernmental risk management | 25 | | association or self insurance pool of which the public | 26 | | body is a member. |
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| 1 | | (13) Conciliation of complaints of discrimination in | 2 | | the sale or rental of housing, when closed meetings are | 3 | | authorized by the law or ordinance prescribing fair | 4 | | housing practices and creating a commission or | 5 | | administrative agency for their enforcement. | 6 | | (14) Informant sources, the hiring or assignment of | 7 | | undercover personnel or equipment, or ongoing, prior or | 8 | | future criminal investigations, when discussed by a public | 9 | | body with criminal investigatory responsibilities. | 10 | | (15) Professional ethics or performance when | 11 | | considered by an advisory body appointed to advise a | 12 | | licensing or regulatory agency on matters germane to the | 13 | | advisory body's field of competence. | 14 | | (16) Self evaluation, practices and procedures , | 15 | | strategic planning, or professional ethics, when meeting | 16 | | with a representative of a statewide or regional | 17 | | association of which the public body is a member. | 18 | | (17) The recruitment, credentialing, discipline or | 19 | | formal peer review of physicians or other health care | 20 | | professionals, or for the discussion of matters protected | 21 | | under the federal Patient Safety and Quality Improvement | 22 | | Act of 2005, and the regulations promulgated thereunder, | 23 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | 24 | | Health Insurance Portability and Accountability Act of | 25 | | 1996, and the regulations promulgated thereunder, | 26 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
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| 1 | | hospital, or other institution providing medical care, | 2 | | that is operated by the public body. | 3 | | (18) Deliberations for decisions of the Prisoner | 4 | | Review Board. | 5 | | (19) Review or discussion of applications received | 6 | | under the Experimental Organ Transplantation Procedures | 7 | | Act. | 8 | | (20) The classification and discussion of matters | 9 | | classified as confidential or continued confidential by | 10 | | the State Government Suggestion Award Board. | 11 | | (21) Discussion of minutes of meetings lawfully closed | 12 | | under this Act, whether for purposes of approval by the | 13 | | body of the minutes or semi-annual review of the minutes | 14 | | as mandated by Section 2.06. | 15 | | (22) Deliberations for decisions of the State | 16 | | Emergency Medical Services Disciplinary Review Board. | 17 | | (23) The operation by a municipality of a municipal | 18 | | utility or the operation of a municipal power agency or | 19 | | municipal natural gas agency when the discussion involves | 20 | | (i) contracts relating to the purchase, sale, or delivery | 21 | | of electricity or natural gas or (ii) the results or | 22 | | conclusions of load forecast studies. | 23 | | (24) Meetings of a residential health care facility | 24 | | resident sexual assault and death review team or the | 25 | | Executive Council under the Abuse Prevention Review Team | 26 | | Act. |
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| 1 | | (25) Meetings of an independent team of experts under | 2 | | Brian's Law. | 3 | | (26) Meetings of a mortality review team appointed | 4 | | under the Department of Juvenile Justice Mortality Review | 5 | | Team Act. | 6 | | (27) (Blank). | 7 | | (28) Correspondence and records (i) that may not be | 8 | | disclosed under Section 11-9 of the Illinois Public Aid | 9 | | Code or (ii) that pertain to appeals under Section 11-8 of | 10 | | the Illinois Public Aid Code. | 11 | | (29) Meetings between internal or external auditors | 12 | | and governmental audit committees, finance committees, and | 13 | | their equivalents, when the discussion involves internal | 14 | | control weaknesses, identification of potential fraud risk | 15 | | areas, known or suspected frauds, and fraud interviews | 16 | | conducted in accordance with generally accepted auditing | 17 | | standards of the United States of America. | 18 | | (30) Those meetings or portions of meetings of a | 19 | | fatality review team or the Illinois Fatality Review Team | 20 | | Advisory Council during which a review of the death of an | 21 | | eligible adult in which abuse or neglect is suspected, | 22 | | alleged, or substantiated is conducted pursuant to Section | 23 | | 15 of the Adult Protective Services Act. | 24 | | (31) Meetings and deliberations for decisions of the | 25 | | Concealed Carry Licensing Review Board under the Firearm | 26 | | Concealed Carry Act. |
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| 1 | | (32) Meetings between the Regional Transportation | 2 | | Authority Board and its Service Boards when the discussion | 3 | | involves review by the Regional Transportation Authority | 4 | | Board of employment contracts under Section 28d of the | 5 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 6 | | 3B.26 of the Regional Transportation Authority Act. | 7 | | (33) Those meetings or portions of meetings of the | 8 | | advisory committee and peer review subcommittee created | 9 | | under Section 320 of the Illinois Controlled Substances | 10 | | Act during which specific controlled substance prescriber, | 11 | | dispenser, or patient information is discussed. | 12 | | (34) Meetings of the Tax Increment Financing Reform | 13 | | Task Force under Section 2505-800 of the Department of | 14 | | Revenue Law of the Civil Administrative Code of Illinois. | 15 | | (35) Meetings of the group established to discuss | 16 | | Medicaid capitation rates under Section 5-30.8 of the | 17 | | Illinois Public Aid Code. | 18 | | (36) Those deliberations or portions of deliberations | 19 | | for decisions of the Illinois Gaming Board in which there | 20 | | is discussed any of the following: (i) personal, | 21 | | commercial, financial, or other information obtained from | 22 | | any source that is privileged, proprietary, confidential, | 23 | | or a trade secret; or (ii) information specifically | 24 | | exempted from the disclosure by federal or State law. | 25 | | (37) Deliberations for decisions of the Illinois Law | 26 | | Enforcement Training Standards Board, the Certification |
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| 1 | | Review Panel, and the Illinois State Police Merit Board | 2 | | regarding certification and decertification. | 3 | | (38) Meetings of the Ad Hoc Statewide Domestic | 4 | | Violence Fatality Review Committee of the Illinois | 5 | | Criminal Justice Information Authority Board that occur in | 6 | | closed executive session under subsection (d) of Section | 7 | | 35 of the Domestic Violence Fatality Review Act. | 8 | | (39) Meetings of the regional review teams under | 9 | | subsection (a) of Section 75 of the Domestic Violence | 10 | | Fatality Review Act. | 11 | | (40) Meetings of the Firearm Owner's Identification | 12 | | Card Review Board under Section 10 of the Firearm Owners | 13 | | Identification Card Act. | 14 | | (d) Definitions. For purposes of this Section: | 15 | | "Employee" means a person employed by a public body whose | 16 | | relationship with the public body constitutes an | 17 | | employer-employee relationship under the usual common law | 18 | | rules, and who is not an independent contractor. | 19 | | "Public office" means a position created by or under the | 20 | | Constitution or laws of this State, the occupant of which is | 21 | | charged with the exercise of some portion of the sovereign | 22 | | power of this State. The term "public office" shall include | 23 | | members of the public body, but it shall not include | 24 | | organizational positions filled by members thereof, whether | 25 | | established by law or by a public body itself, that exist to | 26 | | assist the body in the conduct of its business. |
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| 1 | | "Quasi-adjudicative body" means an administrative body | 2 | | charged by law or ordinance with the responsibility to conduct | 3 | | hearings, receive evidence or testimony and make | 4 | | determinations based thereon, but does not include local | 5 | | electoral boards when such bodies are considering petition | 6 | | challenges. | 7 | | (e) Final action. No final action may be taken at a closed | 8 | | meeting. Final action shall be preceded by a public recital of | 9 | | the nature of the matter being considered and other | 10 | | information that will inform the public of the business being | 11 | | conducted. | 12 | | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | 13 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | 14 | | 7-28-23.)". |
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