Bill Text: IL SB3774 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that a public body may hold a closed session to consider the minutes (instead of discussion of minutes) of meetings lawfully closed under the Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes, and, notwithstanding the requirement of the Act that no final action may be taken at a closed meeting, the final approval of minutes in closed session. In provisions concerning the semi-annual review of minutes of a closed session, provides that the public body may approve any closed session minutes taken since the last meeting to fully satisfy the requirement to approve closed session minutes at a public meeting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-25 - Rule 2-10 Committee/3rd Reading Deadline Established As May 26, 2024 [SB3774 Detail]

Download: Illinois-2023-SB3774-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3774 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 120/2.06 from Ch. 102, par. 42.06
Amends the Open Meetings Act. Provides that a public body may hold a closed session to consider the minutes (instead of discussion of minutes) of meetings lawfully closed under the Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes, and, notwithstanding the requirement of the Act that no final action may be taken at a closed meeting, the final approval of minutes in closed session. In provisions concerning the semi-annual review of minutes of a closed session, provides that the public body may may approve any closed session minutes taken since the last meeting to fully satisfy the requirement to approve closed session minutes at a public meeting.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Sections 2 and 2.06 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational

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setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,

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provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board prepares and makes
available for public inspection a written decision setting
forth its determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special

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education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or

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future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.

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(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) The Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval by
the body of the minutes or semi-annual review of the
minutes as mandated by Section 2.06, and notwithstanding
subsection (e) of this Section, final approval of minutes
in closed session.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.

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(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and

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3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in

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closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition

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challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)
(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
Sec. 2.06. Minutes; right to speak.
(a) All public bodies shall keep written minutes of all
their meetings, whether open or closed, and a verbatim record
of all their closed meetings in the form of an audio or video
recording. Minutes shall include, but need not be limited to:
(1) the date, time and place of the meeting;
(2) the members of the public body recorded as either
present or absent and whether the members were physically
present or present by means of video or audio conference;
and
(3) a summary of discussion on all matters proposed,
deliberated, or decided, and a record of any votes taken.
(b) A public body shall approve the minutes of its open
meeting within 30 days after that meeting or at the public
body's second subsequent regular meeting, whichever is later.

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The minutes of meetings open to the public shall be available
for public inspection within 10 days after the approval of
such minutes by the public body. Beginning July 1, 2006, at the
time it complies with the other requirements of this
subsection, a public body that has a website that the
full-time staff of the public body maintains shall post the
minutes of a regular meeting of its governing body open to the
public on the public body's website within 10 days after the
approval of the minutes by the public body. Beginning July 1,
2006, any minutes of meetings open to the public posted on the
public body's website shall remain posted on the website for
at least 60 days after their initial posting.
(c) The verbatim record may be destroyed without
notification to or the approval of a records commission or the
State Archivist under the Local Records Act or the State
Records Act no less than 18 months after the completion of the
meeting recorded but only after:
(1) the public body approves the destruction of a
particular recording; and
(2) the public body approves minutes of the closed
meeting that meet the written minutes requirements of
subsection (a) of this Section.
(d) Each public body shall periodically meet to review
minutes of all closed meetings. Meetings to review minutes
shall occur every 6 months, or as soon thereafter as is
practicable, taking into account the nature and meeting

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schedule of the public body. Committees which are ad hoc in
nature shall review closed session minutes at the later of (1)
6 months from the date of the last review of closed session
minutes or (2) at the next scheduled meeting of the ad hoc
committee. At such meetings a determination shall be made, and
reported in an open session that (1) the need for
confidentiality still exists as to all or part of those
minutes or (2) that the minutes or portions thereof no longer
require confidential treatment and are available for public
inspection. The failure of a public body to strictly comply
with the semi-annual review of closed session written minutes,
whether before or after the effective date of this amendatory
Act of the 94th General Assembly, shall not cause the written
minutes or related verbatim record to become public or
available for inspection in any judicial proceeding, other
than a proceeding involving an alleged violation of this Act,
if the public body, within 60 days of discovering its failure
to strictly comply with the technical requirements of this
subsection, reviews the closed session minutes and determines
and thereafter reports in open session that either (1) the
need for confidentiality still exists as to all or part of the
minutes or verbatim record, or (2) that the minutes or
recordings or portions thereof no longer require confidential
treatment and are available for public inspection. The public
body may approve any closed session minutes taken since the
previous meeting under this subsection to fully satisfy the

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requirement to approve closed session minutes at a public
meeting.
(e) Unless the public body has made a determination that
the verbatim recording no longer requires confidential
treatment or otherwise consents to disclosure, the verbatim
record of a meeting closed to the public shall not be open for
public inspection or subject to discovery in any
administrative or judicial proceeding other than one brought
to enforce this Act. In the case of a civil action brought to
enforce this Act, the court, if the judge believes such an
examination is necessary, must conduct such in camera
examination of the verbatim record as it finds appropriate in
order to determine whether there has been a violation of this
Act. In the case of a criminal proceeding, the court may
conduct an examination in order to determine what portions, if
any, must be made available to the parties for use as evidence
in the prosecution. Any such initial inspection must be held
in camera. If the court determines that a complaint or suit
brought for noncompliance under this Act is valid it may, for
the purposes of discovery, redact from the minutes of the
meeting closed to the public any information deemed to qualify
under the attorney-client privilege. The provisions of this
subsection do not supersede the privacy or confidentiality
provisions of State or federal law. Access to verbatim
recordings shall be provided to duly elected officials or
appointed officials filling a vacancy of an elected office in

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a public body, and access shall be granted in the public body's
main office or official storage location, in the presence of a
records secretary, an administrative official of the public
body, or any elected official of the public body. No verbatim
recordings shall be recorded or removed from the public body's
main office or official storage location, except by vote of
the public body or by court order. Nothing in this subsection
(e) is intended to limit the Public Access Counselor's access
to those records necessary to address a request for
administrative review under Section 7.5 of this Act.
(f) Minutes of meetings closed to the public shall be
available only after the public body determines that it is no
longer necessary to protect the public interest or the privacy
of an individual by keeping them confidential, except that
duly elected officials or appointed officials filling a
vacancy of an elected office in a public body shall be provided
access to minutes of meetings closed to the public. Access to
minutes shall be granted in the public body's main office or
official storage location, in the presence of a records
secretary, an administrative official of the public body, or
any elected official of the public body. No minutes of
meetings closed to the public shall be removed from the public
body's main office or official storage location, except by
vote of the public body or by court order. Nothing in this
subsection (f) is intended to limit the Public Access
Counselor's access to those records necessary to address a

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