OPEN MTGS-STATEWIDE ASSOC

Full Bill Text

SB2715 Engrossed LRB104 15880 BDA 29102 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Open Meetings Act is amended by changing 5 Section 2 as follows: 6 (5 ILCS 120/2) 7 (Text of Section before amendment by P.A. 104-457 and 8 104-458 ) 9 Sec. 2. Open meetings. 10 (a) Openness required. All meetings of public bodies shall 11 be open to the public unless excepted in subsection (c) and 12 closed in accordance with Section 2a. 13 (b) Construction of exceptions. The exceptions contained 14 in subsection (c) are in derogation of the requirement that 15 public bodies meet in the open, and therefore, the exceptions 16 are to be strictly construed, extending only to subjects 17 clearly within their scope. The exceptions authorize but do 18 not require the holding of a closed meeting to discuss a 19 subject included within an enumerated exception. 20 (c) Exceptions. A public body may hold closed meetings to 21 consider the following subjects: 22 (1) The appointment, employment, compensation, 23 discipline, performance, or dismissal of specific SB2715 Engrossed - 2 - LRB104 15880 BDA 29102 b 1 employees, specific individuals who serve as independent 2 contractors in a park, recreational, or educational 3 setting, or specific volunteers of the public body or 4 legal counsel for the public body, including hearing 5 testimony on a complaint lodged against an employee, a 6 specific individual who serves as an independent 7 contractor in a park, recreational, or educational 8 setting, or a volunteer of the public body or against 9 legal counsel for the public body to determine its 10 validity. However, a meeting to consider an increase in 11 compensation to a specific employee of a public body that 12 is subject to the Local Government Wage Increase 13 Transparency Act may not be closed and shall be open to the 14 public and posted and held in accordance with this Act. 15 (2) Collective negotiating matters between the public 16 body and its employees or their representatives, or 17 deliberations concerning salary schedules for one or more 18 classes of employees. 19 (3) The selection of a person to fill a public office, 20 as defined in this Act, including a vacancy in a public 21 office, when the public body is given power to appoint 22 under law or ordinance, or the discipline, performance or 23 removal of the occupant of a public office, when the 24 public body is given power to remove the occupant under 25 law or ordinance. 26 (4) Evidence or testimony presented in open hearing, SB2715 Engrossed - 3 - LRB104 15880 BDA 29102 b 1 or in closed hearing where specifically authorized by law, 2 to a quasi-adjudicative body, as defined in this Act, 3 provided that the body prepares and makes available for 4 public inspection a written decision setting forth its 5 determinative reasoning. 6 (4.5) Evidence or testimony presented to a school 7 board regarding denial of admission to school events or 8 property pursuant to Section 24-24 of the School Code, 9 provided that the school board prepares and makes 10 available for public inspection a written decision setting 11 forth its determinative reasoning. 12 (5) The purchase or lease of real property for the use 13 of the public body, including meetings held for the 14 purpose of discussing whether a particular parcel should 15 be acquired. 16 (6) The setting of a price for sale or lease of 17 property owned by the public body. 18 (7) The sale or purchase of securities, investments, 19 or investment contracts. This exception shall not apply to 20 the investment of assets or income of funds deposited into 21 the Illinois Prepaid Tuition Trust Fund. 22 (8) Security procedures, school building safety and 23 security, and the use of personnel and equipment to 24 respond to an actual, a threatened, or a reasonably 25 potential danger to the safety of employees, students, 26 staff, the public, or public property. SB2715 Engrossed - 4 - LRB104 15880 BDA 29102 b 1 (9) Student disciplinary cases. 2 (10) The placement of individual students in special 3 education programs and other matters relating to 4 individual students. 5 (11) Litigation, when an action against, affecting or 6 on behalf of the particular public body has been filed and 7 is pending before a court or administrative tribunal, or 8 when the public body finds that an action is probable or 9 imminent, in which case the basis for the finding shall be 10 recorded and entered into the minutes of the closed 11 meeting. 12 (12) The establishment of reserves or settlement of 13 claims as provided in the Local Governmental and 14 Governmental Employees Tort Immunity Act, if otherwise the 15 disposition of a claim or potential claim might be 16 prejudiced, or the review or discussion of claims, loss or 17 risk management information, records, data, advice or 18 communications from or with respect to any insurer of the 19 public body or any intergovernmental risk management 20 association or self-insurance self insurance pool of which 21 the public body is a member. 22 (13) Conciliation of complaints of discrimination in 23 the sale or rental of housing, when closed meetings are 24 authorized by the law or ordinance prescribing fair 25 housing practices and creating a commission or 26 administrative agency for their enforcement. SB2715 Engrossed - 5 - LRB104 15880 BDA 29102 b 1 (14) Informant sources, the hiring or assignment of 2 undercover personnel or equipment, or ongoing, prior or 3 future criminal investigations, when discussed by a public 4 body with criminal investigatory responsibilities. 5 (15) Professional ethics or performance when 6 considered by an advisory body appointed to advise a 7 licensing or regulatory agency on matters germane to the 8 advisory body's field of competence. 9 (16) Self-evaluation Self evaluation , practices and 10 procedures, or professional ethics, when meeting with a 11 representative of a statewide or regional association of 12 which the public body is a member . As used in this 13 paragraph, "regional association" applies only to a 14 regional association pertaining to municipalities . 15 (17) The recruitment, credentialing, discipline or 16 formal peer review of physicians or other health care 17 professionals, or for the discussion of matters protected 18 under the federal Patient Safety and Quality Improvement 19 Act of 2005, and the regulations promulgated thereunder, 20 including 42 CFR C.F.R. Part 3 (73 FR 70732), or the 21 federal Health Insurance Portability and Accountability 22 Act of 1996, and the regulations promulgated thereunder, 23 including 45 CFR C.F.R. Parts 160, 162, and 164, by a 24 hospital, or other institution providing medical care, 25 that is operated by the public body. 26 (18) Deliberations for decisions of the Prisoner SB2715 Engrossed - 6 - LRB104 15880 BDA 29102 b 1 Review Board. 2 (19) Review or discussion of applications received 3 under the Experimental Organ Transplantation Procedures 4 Act. 5 (20) The classification and discussion of matters 6 classified as confidential or continued confidential by 7 the State Government Suggestion Award Board. 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 11 as mandated by Section 2.06. 12 (22) Deliberations for decisions of the State 13 Emergency Medical Services Disciplinary Review Board. 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. 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. 24 (25) Meetings of an independent team of experts under 25 the Developmental Disability and Mental Health Safety Act 26 or Brian's Law. SB2715 Engrossed - 7 - LRB104 15880 BDA 29102 b 1 (26) Meetings of a mortality review team appointed 2 under the Department of Juvenile Justice Mortality Review 3 Team Act. 4 (27) (Blank). 5 (28) Correspondence and records (i) that may not be 6 disclosed under Section 11-9 of the Illinois Public Aid 7 Code or (ii) that pertain to appeals under Section 11-8 of 8 the Illinois Public Aid Code. 9 (29) Meetings between internal or external auditors 10 and governmental audit committees, finance committees, and 11 their equivalents, when the discussion involves internal 12 control weaknesses, identification of potential fraud risk 13 areas, known or suspected frauds, and fraud interviews 14 conducted in accordance with generally accepted auditing 15 standards of the United States of America. 16 (30) (Blank). 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 SB2715 Engrossed - 8 - LRB104 15880 BDA 29102 b 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. SB2715 Engrossed - 9 - LRB104 15880 BDA 29102 b 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 9 relationship with the public body constitutes an 10 employer-employee relationship under the usual common law 11 rules, and who is not an independent contractor. 12 "Public office" means a position created by or under the 13 Constitution or laws of this State, the occupant of which is 14 charged with the exercise of some portion of the sovereign 15 power of this State. The term "public office" shall include 16 members of the public body, but it shall not include 17 organizational positions filled by members thereof, whether 18 established by law or by a public body itself, that exist to 19 assist the body in the conduct of its business. 20 "Quasi-adjudicative body" means an administrative body 21 charged by law or ordinance with the responsibility to conduct 22 hearings, receive evidence or testimony and make 23 determinations based thereon, but does not include local 24 electoral boards when such bodies are considering petition 25 challenges. 26 (e) Final action. No final action may be taken at a closed SB2715 Engrossed - 10 - LRB104 15880 BDA 29102 b 1 meeting. Final action shall be preceded by a public recital of 2 the nature of the matter being considered and other 3 information that will inform the public of the business being 4 conducted. 5 (Source: P.A. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25; 6 104-438, eff. 1-1-26; revised 1-12-26.) 7 (Text of Section after amendment by P.A. 104-457 and 8 104-458 ) 9 Sec. 2. Open meetings. 10 (a) Openness required. All meetings of public bodies shall 11 be open to the public unless excepted in subsection (c) and 12 closed in accordance with Section 2a. 13 (b) Construction of exceptions. The exceptions contained 14 in subsection (c) are in derogation of the requirement that 15 public bodies meet in the open, and therefore, the exceptions 16 are to be strictly construed, extending only to subjects 17 clearly within their scope. The exceptions authorize but do 18 not require the holding of a closed meeting to discuss a 19 subject included within an enumerated exception. 20 (c) Exceptions. A public body may hold closed meetings to 21 consider the following subjects: 22 (1) The appointment, employment, compensation, 23 discipline, performance, or dismissal of specific 24 employees, specific individuals who serve as independent 25 contractors in a park, recreational, or educational SB2715 Engrossed - 11 - LRB104 15880 BDA 29102 b 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, SB2715 Engrossed - 12 - LRB104 15880 BDA 29102 b 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 SB2715 Engrossed - 13 - LRB104 15880 BDA 29102 b 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 SB2715 Engrossed - 14 - LRB104 15880 BDA 29102 b 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 Self evaluation , practices and 8 procedures, or professional ethics, when meeting with a 9 representative of a statewide or regional association of 10 which the public body is a member . As used in this 11 paragraph, "regional association" applies only to a 12 regional association pertaining to municipalities . 13 (17) The recruitment, credentialing, discipline or 14 formal peer review of physicians or other health care 15 professionals, or for the discussion of matters protected 16 under the federal Patient Safety and Quality Improvement 17 Act of 2005, and the regulations promulgated thereunder, 18 including 42 CFR C.F.R. Part 3 (73 FR 70732), or the 19 federal Health Insurance Portability and Accountability 20 Act of 1996, and the regulations promulgated thereunder, 21 including 45 CFR C.F.R. Parts 160, 162, and 164, by a 22 hospital, or other institution providing medical care, 23 that is operated by the public body. 24 (18) Deliberations for decisions of the Prisoner 25 Review Board. 26 (19) Review or discussion of applications received SB2715 Engrossed - 15 - LRB104 15880 BDA 29102 b 1 under the Experimental Organ Transplantation Procedures 2 Act. 3 (20) The classification and discussion of matters 4 classified as confidential or continued confidential by 5 the State Government Suggestion Award Board. 6 (21) Discussion of minutes of meetings lawfully closed 7 under this Act, whether for purposes of approval by the 8 body of the minutes or semi-annual review of the minutes 9 as mandated by Section 2.06. 10 (22) Deliberations for decisions of the State 11 Emergency Medical Services Disciplinary Review Board. 12 (23) The operation by a municipality of a municipal 13 utility or the operation of a municipal power agency or 14 municipal natural gas agency when the discussion involves: 15 (i) trade secrets or commercial or financial information 16 obtained from a person or business where the trade secrets 17 or commercial or financial information are furnished under 18 a claim that they are proprietary, privileged, or 19 confidential, and that disclosure of the trade secrets or 20 commercial or financial information would cause 21 competitive harm to the person or business; or 22 commercially sensitive information contained in offers to 23 buy or sell made in the competitive markets of a regional 24 transmission organization; and only insofar as the 25 discussion relates directly to such trade secrets or 26 information; (ii) physical or cybersecurity of facilities SB2715 Engrossed - 16 - LRB104 15880 BDA 29102 b 1 or materials designated as Critical Energy/Electric 2 Infrastructure Information under federal law or 3 regulation; or (iii) ongoing contract negotiations or 4 results of a request for proposals relating to the 5 purchase, sale, or delivery of electricity or natural gas 6 from nonaffiliate entities; provided however, the 7 municipality, municipal power agency, or municipal natural 8 gas agency shall hold at least one public meeting as to any 9 contract discussed in whole or in part in closed session 10 prior to final action on the contract. 11 (24) Meetings of a residential health care facility 12 resident sexual assault and death review team or the 13 Executive Council under the Abuse Prevention Review Team 14 Act. 15 (25) Meetings of an independent team of experts under 16 the Developmental Disability and Mental Health Safety Act 17 or Brian's Law. 18 (26) Meetings of a mortality review team appointed 19 under the Department of Juvenile Justice Mortality Review 20 Team Act. 21 (27) (Blank). 22 (28) Correspondence and records (i) that may not be 23 disclosed under Section 11-9 of the Illinois Public Aid 24 Code or (ii) that pertain to appeals under Section 11-8 of 25 the Illinois Public Aid Code. 26 (29) Meetings between internal or external auditors SB2715 Engrossed - 17 - LRB104 15880 BDA 29102 b 1 and governmental audit committees, finance committees, and 2 their equivalents, when the discussion involves internal 3 control weaknesses, identification of potential fraud risk 4 areas, known or suspected frauds, and fraud interviews 5 conducted in accordance with generally accepted auditing 6 standards of the United States of America. 7 (30) (Blank). 8 (31) Meetings and deliberations for decisions of the 9 Concealed Carry Licensing Review Board under the Firearm 10 Concealed Carry Act. 11 (32) Meetings between the Northern Illinois Transit 12 Authority Board and its Service Boards when the discussion 13 involves review by the Northern Illinois Transit Authority 14 Board of employment contracts under Section 28d of the 15 Chicago Transit Authority Act and Sections 3A.18 and 3B.26 16 of the Northern Illinois Transit Authority Act. 17 (33) Those meetings or portions of meetings of the 18 advisory committee and peer review subcommittee created 19 under Section 320 of the Illinois Controlled Substances 20 Act during which specific controlled substance prescriber, 21 dispenser, or patient information is discussed. 22 (34) Meetings of the Tax Increment Financing Reform 23 Task Force under Section 2505-800 of the Department of 24 Revenue Law of the Civil Administrative Code of Illinois. 25 (35) Meetings of the group established to discuss 26 Medicaid capitation rates under Section 5-30.8 of the SB2715 Engrossed - 18 - LRB104 15880 BDA 29102 b 1 Illinois Public Aid Code. 2 (36) Those deliberations or portions of deliberations 3 for decisions of the Illinois Gaming Board in which there 4 is discussed any of the following: (i) personal, 5 commercial, financial, or other information obtained from 6 any source that is privileged, proprietary, confidential, 7 or a trade secret; or (ii) information specifically 8 exempted from the disclosure by federal or State law. 9 (37) Deliberations for decisions of the Illinois Law 10 Enforcement Training Standards Board, the Certification 11 Review Panel, and the Illinois State Police Merit Board 12 regarding certification and decertification. 13 (38) Meetings of the Ad Hoc Statewide Domestic 14 Violence Fatality Review Committee of the Illinois 15 Criminal Justice Information Authority Board that occur in 16 closed executive session under subsection (d) of Section 17 35 of the Domestic Violence Fatality Review Act. 18 (39) Meetings of the regional review teams under 19 subsection (a) of Section 75 of the Domestic Violence 20 Fatality Review Act. 21 (40) Meetings of the Firearm Owner's Identification 22 Card Review Board under Section 10 of the Firearm Owners 23 Identification Card Act. 24 (d) Definitions. For purposes of this Section: 25 "Employee" means a person employed by a public body whose 26 relationship with the public body constitutes an SB2715 Engrossed - 19 - LRB104 15880 BDA 29102 b 1 employer-employee relationship under the usual common law 2 rules, and who is not an independent contractor. 3 "Public office" means a position created by or under the 4 Constitution or laws of this State, the occupant of which is 5 charged with the exercise of some portion of the sovereign 6 power of this State. The term "public office" shall include 7 members of the public body, but it shall not include 8 organizational positions filled by members thereof, whether 9 established by law or by a public body itself, that exist to 10 assist the body in the conduct of its business. 11 "Quasi-adjudicative body" means an administrative body 12 charged by law or ordinance with the responsibility to conduct 13 hearings, receive evidence or testimony and make 14 determinations based thereon, but does not include local 15 electoral boards when such bodies are considering petition 16 challenges. 17 (e) Final action. No final action may be taken at a closed 18 meeting. Final action shall be preceded by a public recital of 19 the nature of the matter being considered and other 20 information that will inform the public of the business being 21 conducted. 22 (Source: P.A. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25; 23 104-438, eff. 1-1-26; 104-457, Article 10, Section 10-5, eff. 24 6-1-26; 104-457, Article 15, Section 15-5, eff. 6-1-26; 25 104-458, eff. 6-1-26; revised 1-12-26.) SB2715 Engrossed - 20 - LRB104 15880 BDA 29102 b 1 Section 95. No acceleration or delay. Where this Act makes 2 changes in a statute that is represented in this Act by text 3 that is not yet or no longer in effect (for example, a Section 4 represented by multiple versions), the use of that text does 5 not accelerate or delay the taking effect of (i) the changes 6 made by this Act or (ii) provisions derived from any other 7 Public Act. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.