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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4794 Introduced , by Rep. Al Riley SYNOPSIS AS INTRODUCED:
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5 ILCS 120/2 | from Ch. 102, par. 42 |
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Amends the Open Meetings Act. Exempts from open meetings requirements negotiations of a public body when the discussion involves entering into contracts with a vendor.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. 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)
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| 7 | | Sec. 2. Open meetings.
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| 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.
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| 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 not |
| 16 | | require the holding of
a closed meeting to discuss a subject |
| 17 | | included within an enumerated exception.
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| 18 | | (c) Exceptions. A public body may hold closed meetings to |
| 19 | | consider the
following subjects:
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| 20 | | (1) The appointment, employment, compensation, |
| 21 | | discipline, performance,
or dismissal of specific |
| 22 | | employees of the public body or legal counsel for
the |
| 23 | | public body, including hearing
testimony on a complaint |
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| 1 | | lodged against an employee of the public body or
against |
| 2 | | legal counsel for the public body to determine its |
| 3 | | validity.
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| 4 | | (2) Collective negotiating matters between the public |
| 5 | | body and its
employees or their representatives, or |
| 6 | | deliberations concerning salary
schedules for one or more |
| 7 | | classes of employees.
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| 8 | | (3) The selection of a person to fill a public office,
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| 9 | | as defined in this Act, including a vacancy in a public |
| 10 | | office, when the public
body is given power to appoint |
| 11 | | under law or ordinance, or the discipline,
performance or |
| 12 | | removal of the occupant of a public office, when the public |
| 13 | | body
is given power to remove the occupant under law or |
| 14 | | ordinance.
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| 15 | | (4) Evidence or testimony presented in open hearing, or |
| 16 | | in closed
hearing where specifically authorized by law, to
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| 17 | | a quasi-adjudicative body, as defined in this Act, provided |
| 18 | | that the body
prepares and makes available for public |
| 19 | | inspection a written decision
setting forth its |
| 20 | | determinative reasoning.
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| 21 | | (5) The purchase or lease of real property for the use |
| 22 | | of
the public body, including meetings held for the purpose |
| 23 | | of discussing
whether a particular parcel should be |
| 24 | | acquired.
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| 25 | | (6) The setting of a price for sale or lease of |
| 26 | | property owned
by the public body.
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| 1 | | (7) The sale or purchase of securities, investments, or |
| 2 | | investment
contracts. This exception shall not apply to the |
| 3 | | investment of assets or income of funds deposited into the |
| 4 | | Illinois Prepaid Tuition Trust Fund.
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| 5 | | (8) Security procedures and the use of personnel and
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| 6 | | equipment to respond to an actual, a threatened, or a |
| 7 | | reasonably
potential danger to the safety of employees, |
| 8 | | students, staff, the public, or
public
property.
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| 9 | | (9) Student disciplinary cases.
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| 10 | | (10) The placement of individual students in special |
| 11 | | education
programs and other matters relating to |
| 12 | | individual students.
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| 13 | | (11) Litigation, when an action against, affecting or |
| 14 | | on behalf of the
particular public body has been filed and |
| 15 | | is pending before a court or
administrative tribunal, or |
| 16 | | when the public body finds that an action is
probable or |
| 17 | | imminent, in which case the basis for the finding shall be
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| 18 | | recorded and entered into the minutes of the closed |
| 19 | | meeting.
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| 20 | | (12) The establishment of reserves or settlement of |
| 21 | | claims as provided
in the Local Governmental and |
| 22 | | Governmental Employees Tort Immunity Act, if
otherwise the |
| 23 | | disposition of a claim or potential claim might be
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| 24 | | prejudiced, or the review or discussion of claims, loss or |
| 25 | | risk management
information, records, data, advice or |
| 26 | | communications from or with respect
to any insurer of the |
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| 1 | | public body or any intergovernmental risk management
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| 2 | | association or self insurance pool of which the public body |
| 3 | | is a member.
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| 4 | | (13) Conciliation of complaints of discrimination in |
| 5 | | the sale or rental
of housing, when closed meetings are |
| 6 | | authorized by the law or ordinance
prescribing fair housing |
| 7 | | practices and creating a commission or
administrative |
| 8 | | agency for their enforcement.
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| 9 | | (14) Informant sources, the hiring or assignment of |
| 10 | | undercover personnel
or equipment, or ongoing, prior or |
| 11 | | future criminal investigations, when
discussed by a public |
| 12 | | body with criminal investigatory responsibilities.
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| 13 | | (15) Professional ethics or performance when |
| 14 | | considered by an advisory
body appointed to advise a |
| 15 | | licensing or regulatory agency on matters
germane to the |
| 16 | | advisory body's field of competence.
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| 17 | | (16) Self evaluation, practices and procedures or |
| 18 | | professional ethics,
when meeting with a representative of |
| 19 | | a statewide association of which the
public body is a |
| 20 | | member.
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| 21 | | (17) The recruitment, credentialing, discipline or |
| 22 | | formal peer review
of physicians or other
health care |
| 23 | | professionals for a hospital, or
other institution |
| 24 | | providing medical care, that is operated by the public |
| 25 | | body.
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| 26 | | (18) Deliberations for decisions of the Prisoner |
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| 1 | | Review Board.
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| 2 | | (19) Review or discussion of applications received |
| 3 | | under the
Experimental Organ Transplantation Procedures |
| 4 | | Act.
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| 5 | | (20) The classification and discussion of matters |
| 6 | | classified as
confidential or continued confidential by |
| 7 | | the State Government Suggestion Award
Board.
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| 8 | | (21) Discussion of minutes of meetings lawfully closed |
| 9 | | under this Act,
whether for purposes of approval by the |
| 10 | | body of the minutes or semi-annual
review of the minutes as |
| 11 | | mandated by Section 2.06.
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| 12 | | (22) Deliberations for decisions of the State
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| 13 | | Emergency Medical Services Disciplinary
Review Board.
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| 14 | | (23) The operation by a municipality of a municipal |
| 15 | | utility or the
operation of a
municipal power agency or |
| 16 | | municipal natural gas agency when the
discussion involves |
| 17 | | (i) contracts relating to the
purchase, sale, or delivery |
| 18 | | of electricity or natural gas or (ii) the results
or |
| 19 | | conclusions of load forecast studies.
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| 20 | | (24) Meetings of a residential health care facility |
| 21 | | resident sexual
assault and death review
team or
the |
| 22 | | Executive
Council under the Abuse Prevention Review
Team |
| 23 | | Act.
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| 24 | | (25) Meetings of an independent team of experts under |
| 25 | | Brian's Law. |
| 26 | | (26) Meetings of a mortality review team appointed |
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| 1 | | under the Department of Juvenile Justice Mortality Review |
| 2 | | Team Act. |
| 3 | | (27) (Blank). |
| 4 | | (28) Correspondence and records (i) that may not be |
| 5 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
| 6 | | that pertain to appeals under Section 11-8 of the Public |
| 7 | | Aid Code. |
| 8 | | (29) Meetings between internal or external auditors |
| 9 | | and governmental audit committees, finance committees, and |
| 10 | | their equivalents, when the discussion involves internal |
| 11 | | control weaknesses, identification of potential fraud risk |
| 12 | | areas, known or suspected frauds, and fraud interviews |
| 13 | | conducted in accordance with generally accepted auditing |
| 14 | | standards of the United States of America. |
| 15 | | (30) Those meetings or portions of meetings of an |
| 16 | | at-risk adult fatality review team or the Illinois At-Risk |
| 17 | | Adult Fatality Review Team Advisory Council during which a |
| 18 | | review of the death of an eligible adult in which abuse or |
| 19 | | neglect is suspected, alleged, or substantiated is |
| 20 | | conducted pursuant to Section 15 of the Adult Protective |
| 21 | | Services Act. |
| 22 | | (31) (30) Meetings and deliberations for decisions of |
| 23 | | the Concealed Carry Licensing Review Board under the |
| 24 | | Firearm Concealed Carry Act. |
| 25 | | (32) Negotiations of a public body when the discussion |
| 26 | | involves entering into contracts with a vendor. |
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| 1 | | (d) Definitions. For purposes of this Section:
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| 2 | | "Employee" means a person employed by a public body whose |
| 3 | | relationship
with the public body constitutes an |
| 4 | | employer-employee relationship under
the usual common law |
| 5 | | rules, and who is not an independent contractor.
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| 6 | | "Public office" means a position created by or under the
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| 7 | | Constitution or laws of this State, the occupant of which is |
| 8 | | charged with
the exercise of some portion of the sovereign |
| 9 | | power of this State. The term
"public office" shall include |
| 10 | | members of the public body, but it shall not
include |
| 11 | | organizational positions filled by members thereof, whether
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| 12 | | established by law or by a public body itself, that exist to |
| 13 | | assist the
body in the conduct of its business.
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| 14 | | "Quasi-adjudicative body" means an administrative body |
| 15 | | charged by law or
ordinance with the responsibility to conduct |
| 16 | | hearings, receive evidence or
testimony and make |
| 17 | | determinations based
thereon, but does not include
local |
| 18 | | electoral boards when such bodies are considering petition |
| 19 | | challenges.
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| 20 | | (e) Final action. No final action may be taken at a closed |
| 21 | | meeting.
Final action shall be preceded by a public recital of |
| 22 | | the nature of the
matter being considered and other information |
| 23 | | that will inform the
public of the business being conducted.
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| 24 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; |
| 25 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. |
| 26 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised |