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Sen. Bill Cunningham
Filed: 5/30/2025
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1 | | AMENDMENT TO HOUSE BILL 1373
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2 | | AMENDMENT NO. ______. Amend House Bill 1373 on page 1, by |
3 | | inserting immediately below line 3 the following:
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4 | | "Section 3. The Open Meetings Act is amended by changing |
5 | | Section 2 as follows:
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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 or |
15 | | professional ethics, when meeting with a representative of |
16 | | a statewide association of which the public body is a |
17 | | 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) (Blank). |
19 | | (31) Meetings and deliberations for decisions of the |
20 | | Concealed Carry Licensing Review Board under the Firearm |
21 | | Concealed Carry Act. |
22 | | (32) Meetings between the Regional Transportation |
23 | | Authority Board and its Service Boards when the discussion |
24 | | involves review by the Regional Transportation Authority |
25 | | Board of employment contracts under Section 28d of the |
26 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
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1 | | 3B.26 of the Regional Transportation Authority Act. |
2 | | (33) Those meetings or portions of meetings of the |
3 | | advisory committee and peer review subcommittee created |
4 | | under Section 320 of the Illinois Controlled Substances |
5 | | Act during which specific controlled substance prescriber, |
6 | | dispenser, or patient information is discussed. |
7 | | (34) Meetings of the Tax Increment Financing Reform |
8 | | Task Force under Section 2505-800 of the Department of |
9 | | Revenue Law of the Civil Administrative Code of Illinois. |
10 | | (35) Meetings of the group established to discuss |
11 | | Medicaid capitation rates under Section 5-30.8 of the |
12 | | Illinois Public Aid Code. |
13 | | (36) Those deliberations or portions of deliberations |
14 | | for decisions of the Illinois Gaming Board in which there |
15 | | is discussed any of the following: (i) personal, |
16 | | commercial, financial, or other information obtained from |
17 | | any source that is privileged, proprietary, confidential, |
18 | | or a trade secret; or (ii) information specifically |
19 | | exempted from the disclosure by federal or State law. |
20 | | (37) Deliberations for decisions of the Illinois Law |
21 | | Enforcement Training Standards Board, the Certification |
22 | | Review Panel, and the Illinois State Police Merit Board |
23 | | regarding certification and decertification. |
24 | | (38) Meetings of the Ad Hoc Statewide Domestic |
25 | | Violence Fatality Review Committee of the Illinois |
26 | | Criminal Justice Information Authority Board that occur in |
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1 | | closed executive session under subsection (d) of Section |
2 | | 35 of the Domestic Violence Fatality Review Act. |
3 | | (39) Meetings of the regional review teams under |
4 | | subsection (a) of Section 75 of the Domestic Violence |
5 | | Fatality Review Act. |
6 | | (40) Meetings of the Firearm Owner's Identification |
7 | | Card Review Board under Section 10 of the Firearm Owners |
8 | | Identification Card Act. |
9 | | (41) Discussions of the Attorney General's Crime |
10 | | Firearm Database Task Force in which the information is |
11 | | privileged or confidential or is specifically exempted |
12 | | from disclosure by federal or State law or rules and |
13 | | regulations implementing federal or State law. This |
14 | | paragraph (41) is inoperative on and after May 1, 2026. |
15 | | (d) Definitions. For purposes of this Section: |
16 | | "Employee" means a person employed by a public body whose |
17 | | relationship with the public body constitutes an |
18 | | employer-employee relationship under the usual common law |
19 | | rules, and who is not an independent contractor. |
20 | | "Public office" means a position created by or under the |
21 | | Constitution or laws of this State, the occupant of which is |
22 | | charged with the exercise of some portion of the sovereign |
23 | | power of this State. The term "public office" shall include |
24 | | members of the public body, but it shall not include |
25 | | organizational positions filled by members thereof, whether |
26 | | established by law or by a public body itself, that exist to |
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1 | | assist the body in the conduct of its business. |
2 | | "Quasi-adjudicative body" means an administrative body |
3 | | charged by law or ordinance with the responsibility to conduct |
4 | | hearings, receive evidence or testimony and make |
5 | | determinations based thereon, but does not include local |
6 | | electoral boards when such bodies are considering petition |
7 | | challenges. |
8 | | (e) Final action. No final action may be taken at a closed |
9 | | meeting. Final action shall be preceded by a public recital of |
10 | | the nature of the matter being considered and other |
11 | | information that will inform the public of the business being |
12 | | conducted. |
13 | | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; |
14 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. |
15 | | 7-28-23; 103-626, eff. 1-1-25 .)
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16 | | Section 4. The Attorney General Act is amended by adding |
17 | | Section 6.7 as follows:
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18 | | (15 ILCS 205/6.7 new) |
19 | | Sec. 6.7. Crime Firearm Database Task Force. |
20 | | (a) A task force composed of individuals chosen by the |
21 | | Attorney General to be known as the Attorney General's Crime |
22 | | Firearm Database Task Force is created in the Office of the |
23 | | Attorney General. |
24 | | (b) Members of the Task Force shall serve at the pleasure |
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1 | | of the Attorney General or for such terms as the Attorney |
2 | | General may designate. |
3 | | (c) The Task Force shall convene at the call of the |
4 | | Attorney General and shall hold at least 4 meetings. |
5 | | (d) The Task Force shall study the use of databases in this |
6 | | State to track firearms used in crime. |
7 | | (e) The Task Force members shall serve without |
8 | | compensation. |
9 | | (f) The Task Force shall submit its final recommendations |
10 | | to the General Assembly no later than May 1, 2026, and upon the |
11 | | submission of its final recommendations, the Task Force is |
12 | | dissolved. ". |