98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4794

Introduced , by Rep. Al Riley

SYNOPSIS AS INTRODUCED:
5 ILCS 120/2 from Ch. 102, par. 42

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.
LRB098 19113 OMW 54264 b

A BILL FOR

HB4794LRB098 19113 OMW 54264 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 not
16require the holding of a closed meeting to discuss a subject
17included 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 of the public body or legal counsel for the
23 public body, including hearing testimony on a complaint

HB4794- 2 -LRB098 19113 OMW 54264 b
1 lodged against an employee of the public body or against
2 legal counsel for the public body to determine its
3 validity.
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.
8 (3) The selection of a person to fill a public office,
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.
15 (4) Evidence or testimony presented in open hearing, or
16 in closed hearing where specifically authorized by law, to
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.
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.
25 (6) The setting of a price for sale or lease of
26 property owned by the public body.

HB4794- 3 -LRB098 19113 OMW 54264 b
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.
5 (8) Security procedures and the use of personnel and
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.
9 (9) Student disciplinary cases.
10 (10) The placement of individual students in special
11 education programs and other matters relating to
12 individual students.
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
18 recorded and entered into the minutes of the closed
19 meeting.
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
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

HB4794- 4 -LRB098 19113 OMW 54264 b
1 public body or any intergovernmental risk management
2 association or self insurance pool of which the public body
3 is a member.
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.
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.
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.
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.
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.
26 (18) Deliberations for decisions of the Prisoner

HB4794- 5 -LRB098 19113 OMW 54264 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 as
11 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 Brian's Law.
26 (26) Meetings of a mortality review team appointed

HB4794- 6 -LRB098 19113 OMW 54264 b
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.

HB4794- 7 -LRB098 19113 OMW 54264 b
1 (d) Definitions. For purposes of this Section:
2 "Employee" means a person employed by a public body whose
3relationship with the public body constitutes an
4employer-employee relationship under the usual common law
5rules, and who is not an independent contractor.
6 "Public office" means a position created by or under the
7Constitution or laws of this State, the occupant of which is
8charged with the exercise of some portion of the sovereign
9power of this State. The term "public office" shall include
10members of the public body, but it shall not include
11organizational positions filled by members thereof, whether
12established by law or by a public body itself, that exist to
13assist the body in the conduct of its business.
14 "Quasi-adjudicative body" means an administrative body
15charged by law or ordinance with the responsibility to conduct
16hearings, receive evidence or testimony and make
17determinations based thereon, but does not include local
18electoral boards when such bodies are considering petition
19challenges.
20 (e) Final action. No final action may be taken at a closed
21meeting. Final action shall be preceded by a public recital of
22the nature of the matter being considered and other information
23that will inform the public of the business being conducted.
24(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
2597-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
268-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised

HB4794- 8 -LRB098 19113 OMW 54264 b
17-23-13.)