Sen. Michael E. Hastings
Filed: 4/15/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 927 




2 AMENDMENT NO. ______. Amend Senate Bill 927 by replacing 
3everything after the enacting clause with the following:


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 
16not require the holding of
a closed meeting to discuss a 
 
 
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1subject included within an enumerated exception.

2 (c) Exceptions. A public body may hold closed meetings to 
3consider 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  (5) The purchase or lease of real property for the use 
12 of
the public body, including meetings held for the 
13 purpose of discussing
whether a particular parcel should 
14 be acquired.

15  (6) The setting of a price for sale or lease of 
16 property owned
by the public body.

17  (7) The sale or purchase of securities, investments, 
18 or investment
contracts. This exception shall not apply to 
19 the investment of assets or income of funds deposited into 
20 the Illinois Prepaid Tuition Trust Fund. 

21  (8) Security procedures, school building safety and 
22 security, and the use of personnel and
equipment to 
23 respond to an actual, a threatened, or a reasonably

24 potential danger to the safety of employees, students, 
25 staff, the public, or
public
property.

26  (9) Student disciplinary cases.

 
 
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1  (10) The placement of individual students in special 
2 education
programs and other matters relating to 
3 individual students.

4  (11) Litigation, when an action against, affecting or 
5 on behalf of the
particular public body has been filed and 
6 is pending before a court or
administrative tribunal, or 
7 when the public body finds that an action is
probable or 
8 imminent, in which case the basis for the finding shall be

9 recorded and entered into the minutes of the closed 
10 meeting.

11  (12) The establishment of reserves or settlement of 
12 claims as provided
in the Local Governmental and 
13 Governmental Employees Tort Immunity Act, if
otherwise the 
14 disposition of a claim or potential claim might be

15 prejudiced, or the review or discussion of claims, loss or 
16 risk management
information, records, data, advice or 
17 communications from or with respect
to any insurer of the 
18 public body or any intergovernmental risk management

19 association or self insurance pool of which the public 
20 body is a member.

21  (13) Conciliation of complaints of discrimination in 
22 the sale or rental
of housing, when closed meetings are 
23 authorized by the law or ordinance
prescribing fair 
24 housing practices and creating a commission or

25 administrative agency for their enforcement.

26  (14) Informant sources, the hiring or assignment of 
 
 
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1 undercover personnel
or equipment, or ongoing, prior or 
2 future criminal investigations, when
discussed by a public 
3 body with criminal investigatory responsibilities.

4  (15) Professional ethics or performance when 
5 considered by an advisory
body appointed to advise a 
6 licensing or regulatory agency on matters
germane to the 
7 advisory body's field of competence.

8  (16) Self evaluation, practices and procedures or 
9 professional ethics,
when meeting with a representative of 
10 a statewide association of which the
public body is a 
11 member.

12  (17) The recruitment, credentialing, discipline or 
13 formal peer review
of physicians or other
health care 
14 professionals, or for the discussion of matters protected 
15 under the federal Patient Safety and Quality Improvement 
16 Act of 2005, and the regulations promulgated thereunder, 
17 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
18 Health Insurance Portability and Accountability Act of 
19 1996, and the regulations promulgated thereunder, 
20 including 45 C.F.R. Parts 160, 162, and 164, by a 
21 hospital, or
other institution providing medical care, 
22 that is operated by the public body.

23  (18) Deliberations for decisions of the Prisoner 
24 Review Board.

25  (19) Review or discussion of applications received 
26 under the
Experimental Organ Transplantation Procedures 
 
 
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1 Act.

2  (20) The classification and discussion of matters 
3 classified as
confidential or continued confidential by 
4 the State Government Suggestion Award
Board.

5  (21) Discussion of minutes of meetings lawfully closed 
6 under this Act,
whether for purposes of approval by the 
7 body of the minutes or semi-annual
review of the minutes 
8 as mandated by Section 2.06.

9  (22) Deliberations for decisions of the State

10 Emergency Medical Services Disciplinary
Review Board.

11  (23) The operation by a municipality of a municipal 
12 utility or the
operation of a
municipal power agency or 
13 municipal natural gas agency when the
discussion involves 
14 (i) contracts relating to the
purchase, sale, or delivery 
15 of electricity or natural gas or (ii) the results
or 
16 conclusions of load forecast studies.

17  (24) Meetings of a residential health care facility 
18 resident sexual
assault and death review
team or
the 
19 Executive
Council under the Abuse Prevention Review
Team 
20 Act.

21  (25) Meetings of an independent team of experts under 
22 Brian's Law. 
23  (26) Meetings of a mortality review team appointed 
24 under the Department of Juvenile Justice Mortality Review 
25 Team Act. 
26  (27) (Blank). 
 
 
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1  (28) Correspondence and records (i) that may not be 
2 disclosed under Section 11-9 of the Illinois Public Aid 
3 Code or (ii) that pertain to appeals under Section 11-8 of 
4 the Illinois Public Aid Code. 
5  (29) Meetings between internal or external auditors 
6 and governmental audit committees, finance committees, and 
7 their equivalents, when the discussion involves internal 
8 control weaknesses, identification of potential fraud risk 
9 areas, known or suspected frauds, and fraud interviews 
10 conducted in accordance with generally accepted auditing 
11 standards of the United States of America.
12  (30) Those meetings or portions of meetings of a 
13 fatality review team or the Illinois Fatality Review Team 
14 Advisory Council during which a review of the death of an 
15 eligible adult in which abuse or neglect is suspected, 
16 alleged, or substantiated is conducted pursuant to Section 
17 15 of the Adult Protective Services Act. 
18  (31) Meetings and deliberations for decisions of the 
19 Concealed Carry Licensing Review Board under the Firearm 
20 Concealed Carry Act. 
21  (32) Meetings between the Regional Transportation 
22 Authority Board and its Service Boards when the discussion 
23 involves review by the Regional Transportation Authority 
24 Board of employment contracts under Section 28d of the 
25 Metropolitan Transit Authority Act and Sections 3A.18 and 
26 3B.26 of the Regional Transportation Authority Act.
 
 
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1  (33) Those meetings or portions of meetings of the 
2 advisory committee and peer review subcommittee created 
3 under Section 320 of the Illinois Controlled Substances 
4 Act during which specific controlled substance prescriber, 
5 dispenser, or patient information is discussed.
6  (34) Meetings of the Tax Increment Financing Reform 
7 Task Force under Section 2505-800 of the Department of 
8 Revenue Law of the Civil Administrative Code of Illinois. 
9  (35) Meetings of the group established to discuss 
10 Medicaid capitation rates under Section 5-30.8 of the 
11 Illinois Public Aid Code. 
12  (36) Those deliberations or portions of deliberations 
13 for decisions of the Illinois Gaming Board in which there 
14 is discussed any of the following: (i) personal, 
15 commercial, financial, or other information obtained from 
16 any source that is privileged, proprietary, confidential, 
17 or a trade secret; or (ii) information specifically 
18 exempted from the disclosure by federal or State law.
19  (37) Those meetings or portions of meetings of the 
20 Oversight Board of the Illinois Joint Analysis Center 
21 (JAC), as created by Executive Order 2020-49, at which 
22 classified matters are discussed. 
23 (d) Definitions. For purposes of this Section:

24 "Employee" means a person employed by a public body whose 
25relationship
with the public body constitutes an 
26employer-employee relationship under
the usual common law 
 
 
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1rules, and who is not an independent contractor.

2 "Public office" means a position created by or under the

3Constitution or laws of this State, the occupant of which is 
4charged with
the exercise of some portion of the sovereign 
5power of this State. The term
"public office" shall include 
6members of the public body, but it shall not
include 
7organizational positions filled by members thereof, whether

8established by law or by a public body itself, that exist to 
9assist the
body in the conduct of its business.

10 "Quasi-adjudicative body" means an administrative body 
11charged by law or
ordinance with the responsibility to conduct 
12hearings, receive evidence or
testimony and make 
13determinations based
thereon, but does not include
local 
14electoral boards when such bodies are considering petition 
15challenges.

16 (e) Final action. No final action may be taken at a closed 
17meeting.
Final action shall be preceded by a public recital of 
18the nature of the
matter being considered and other 
19information that will inform the
public of the business being 
20conducted. 

21(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
22100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
238-23-19; revised 9-27-19.)".