SB0927 EngrossedLRB102 04775 RJF 14794 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 
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  (5) The purchase or lease of real property for the use 
5 of
the public body, including meetings held for the 
6 purpose of discussing
whether a particular parcel should 
7 be 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, 
11 or investment
contracts. This exception shall not apply to 
12 the investment of assets or income of funds deposited into 
13 the Illinois Prepaid Tuition Trust Fund. 

14  (8) Security procedures, school building safety and 
15 security, and the use of personnel and
equipment to 
16 respond to an actual, a threatened, or a reasonably

17 potential danger to the safety of employees, students, 
18 staff, the 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 
13 body 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 
17 housing practices and creating a commission or

18 administrative 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 
14 hospital, or
other institution providing medical care, 
15 that is 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 
 
 
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1 as 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 
23 Act 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  (36) Those deliberations or portions of deliberations 
6 for decisions of the Illinois Gaming Board in which there 
7 is discussed any of the following: (i) personal, 
8 commercial, financial, or other information obtained from 
9 any source that is privileged, proprietary, confidential, 
10 or a trade secret; or (ii) information specifically 
11 exempted from the disclosure by federal or State law.
12  (37) Those meetings or portions of meetings of the 
13 Oversight Board of the Illinois Joint Analysis Center 
14 (JAC), as created by Executive Order 2020-49, at which 
15 classified matters are discussed. 
16 (d) Definitions. For purposes of this Section:

17 "Employee" means a person employed by a public body whose 
18relationship
with the public body constitutes an 
19employer-employee relationship under
the usual common law 
20rules, and who is not an independent contractor.

21 "Public office" means a position created by or under the

22Constitution or laws of this State, the occupant of which is 
23charged with
the exercise of some portion of the sovereign 
24power of this State. The term
"public office" shall include 
25members of the public body, but it shall not
include 
26organizational positions filled by members thereof, whether

 
 
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1established by law or by a public body itself, that exist to 
2assist the
body in the conduct of its business.

3 "Quasi-adjudicative body" means an administrative body 
4charged by law or
ordinance with the responsibility to conduct 
5hearings, receive evidence or
testimony and make 
6determinations based
thereon, but does not include
local 
7electoral boards when such bodies are considering petition 
8challenges.

9 (e) Final action. No final action may be taken at a closed 
10meeting.
Final action shall be preceded by a public recital of 
11the nature of the
matter being considered and other 
12information that will inform the
public of the business being 
13conducted. 

14(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
15100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
168-23-19; revised 9-27-19.)