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Sen. Bill Cunningham
Filed: 5/31/2025
 
 
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| 1 |  | AMENDMENT TO HOUSE BILL 1373 | 
| 2 |  |     AMENDMENT NO. ______. Amend House Bill 1373 on page 1, by  | 
| 3 |  | inserting immediately below line 3 the following: | 
| 4 |  |     "Section 3. The Open Meetings Act is amended by changing  | 
| 5 |  | Section 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  | 
| 9 |  | be open to the public unless excepted in subsection (c) and  | 
| 10 |  | closed in accordance with Section 2a. | 
| 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  | 
| 16 |  | not require the holding of a closed meeting to discuss a  | 
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| 1 |  | subject included within an enumerated exception. | 
| 2 |  |     (c) Exceptions. A public body may hold closed meetings to  | 
| 3 |  | consider 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 |  |         (4.5) Evidence or testimony presented to a school  | 
| 12 |  | board regarding denial of admission to school events or  | 
| 13 |  | property pursuant to Section 24-24 of the School Code,  | 
| 14 |  | provided that the school board prepares and makes  | 
| 15 |  | available for public inspection a written decision setting  | 
| 16 |  | forth its determinative reasoning.  | 
| 17 |  |         (5) The purchase or lease of real property for the use  | 
| 18 |  | of the public body, including meetings held for the  | 
| 19 |  | purpose of discussing whether a particular parcel should  | 
| 20 |  | be acquired. | 
| 21 |  |         (6) The setting of a price for sale or lease of  | 
| 22 |  | property owned by the public body. | 
| 23 |  |         (7) The sale or purchase of securities, investments,  | 
| 24 |  | or investment contracts. This exception shall not apply to  | 
| 25 |  | the investment of assets or income of funds deposited into  | 
| 26 |  | the Illinois Prepaid Tuition Trust Fund.  | 
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| 1 |  |         (8) Security procedures, school building safety and  | 
| 2 |  | security, and the use of personnel and equipment to  | 
| 3 |  | respond to an actual, a threatened, or a reasonably  | 
| 4 |  | potential danger to the safety of employees, students,  | 
| 5 |  | staff, the public, or public property. | 
| 6 |  |         (9) Student disciplinary cases. | 
| 7 |  |         (10) The placement of individual students in special  | 
| 8 |  | education programs and other matters relating to  | 
| 9 |  | individual students. | 
| 10 |  |         (11) Litigation, when an action against, affecting or  | 
| 11 |  | on behalf of the particular public body has been filed and  | 
| 12 |  | is pending before a court or administrative tribunal, or  | 
| 13 |  | when the public body finds that an action is probable or  | 
| 14 |  | imminent, in which case the basis for the finding shall be  | 
| 15 |  | recorded and entered into the minutes of the closed  | 
| 16 |  | meeting. | 
| 17 |  |         (12) The establishment of reserves or settlement of  | 
| 18 |  | claims as provided in the Local Governmental and  | 
| 19 |  | Governmental Employees Tort Immunity Act, if otherwise the  | 
| 20 |  | disposition of a claim or potential claim might be  | 
| 21 |  | prejudiced, or the review or discussion of claims, loss or  | 
| 22 |  | risk management information, records, data, advice or  | 
| 23 |  | communications from or with respect to any insurer of the  | 
| 24 |  | public body or any intergovernmental risk management  | 
| 25 |  | association or self insurance pool of which the public  | 
| 26 |  | body is a member. | 
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| 1 |  |         (13) Conciliation of complaints of discrimination in  | 
| 2 |  | the sale or rental of housing, when closed meetings are  | 
| 3 |  | authorized by the law or ordinance prescribing fair  | 
| 4 |  | housing practices and creating a commission or  | 
| 5 |  | administrative agency for their enforcement. | 
| 6 |  |         (14) Informant sources, the hiring or assignment of  | 
| 7 |  | undercover personnel or equipment, or ongoing, prior or  | 
| 8 |  | future criminal investigations, when discussed by a public  | 
| 9 |  | body with criminal investigatory responsibilities. | 
| 10 |  |         (15) Professional ethics or performance when  | 
| 11 |  | considered by an advisory body appointed to advise a  | 
| 12 |  | licensing or regulatory agency on matters germane to the  | 
| 13 |  | advisory body's field of competence. | 
| 14 |  |         (16) Self evaluation, practices and procedures or  | 
| 15 |  | professional ethics, when meeting with a representative of  | 
| 16 |  | a statewide association of which the public body is a  | 
| 17 |  | member. | 
| 18 |  |         (17) The recruitment, credentialing, discipline or  | 
| 19 |  | formal peer review of physicians or other health care  | 
| 20 |  | professionals, or for the discussion of matters protected  | 
| 21 |  | under the federal Patient Safety and Quality Improvement  | 
| 22 |  | Act of 2005, and the regulations promulgated thereunder,  | 
| 23 |  | including 42 C.F.R. Part 3 (73 FR 70732), or the federal  | 
| 24 |  | Health Insurance Portability and Accountability Act of  | 
| 25 |  | 1996, and the regulations promulgated thereunder,  | 
| 26 |  | including 45 C.F.R. Parts 160, 162, and 164, by a  | 
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| 1 |  | hospital, or other institution providing medical care,  | 
| 2 |  | that is operated by the public body. | 
| 3 |  |         (18) Deliberations for decisions of the Prisoner  | 
| 4 |  | Review Board. | 
| 5 |  |         (19) Review or discussion of applications received  | 
| 6 |  | under the Experimental Organ Transplantation Procedures  | 
| 7 |  | Act. | 
| 8 |  |         (20) The classification and discussion of matters  | 
| 9 |  | classified as confidential or continued confidential by  | 
| 10 |  | the State Government Suggestion Award Board. | 
| 11 |  |         (21) Discussion of minutes of meetings lawfully closed  | 
| 12 |  | under this Act, whether for purposes of approval by the  | 
| 13 |  | body of the minutes or semi-annual review of the minutes  | 
| 14 |  | as mandated by Section 2.06. | 
| 15 |  |         (22) Deliberations for decisions of the State  | 
| 16 |  | Emergency Medical Services Disciplinary Review Board. | 
| 17 |  |         (23) The operation by a municipality of a municipal  | 
| 18 |  | utility or the operation of a municipal power agency or  | 
| 19 |  | municipal natural gas agency when the discussion involves  | 
| 20 |  | (i) contracts relating to the purchase, sale, or delivery  | 
| 21 |  | of electricity or natural gas or (ii) the results or  | 
| 22 |  | conclusions of load forecast studies. | 
| 23 |  |         (24) Meetings of a residential health care facility  | 
| 24 |  | resident sexual assault and death review team or the  | 
| 25 |  | Executive Council under the Abuse Prevention Review Team  | 
| 26 |  | Act. | 
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| 1 |  |         (25) Meetings of an independent team of experts under  | 
| 2 |  | Brian's Law.  | 
| 3 |  |         (26) Meetings of a mortality review team appointed  | 
| 4 |  | under the Department of Juvenile Justice Mortality Review  | 
| 5 |  | Team Act.  | 
| 6 |  |         (27) (Blank).  | 
| 7 |  |         (28) Correspondence and records (i) that may not be  | 
| 8 |  | disclosed under Section 11-9 of the Illinois Public Aid  | 
| 9 |  | Code or (ii) that pertain to appeals under Section 11-8 of  | 
| 10 |  | the Illinois Public Aid Code.  | 
| 11 |  |         (29) Meetings between internal or external auditors  | 
| 12 |  | and governmental audit committees, finance committees, and  | 
| 13 |  | their equivalents, when the discussion involves internal  | 
| 14 |  | control weaknesses, identification of potential fraud risk  | 
| 15 |  | areas, known or suspected frauds, and fraud interviews  | 
| 16 |  | conducted in accordance with generally accepted auditing  | 
| 17 |  | standards of the United States of America. | 
| 18 |  |         (30) (Blank).  | 
| 19 |  |         (31) Meetings and deliberations for decisions of the  | 
| 20 |  | Concealed Carry Licensing Review Board under the Firearm  | 
| 21 |  | Concealed Carry Act.  | 
| 22 |  |         (32) Meetings between the Regional Transportation  | 
| 23 |  | Authority Board and its Service Boards when the discussion  | 
| 24 |  | involves review by the Regional Transportation Authority  | 
| 25 |  | Board of employment contracts under Section 28d of the  | 
| 26 |  | Metropolitan Transit Authority Act and Sections 3A.18 and  | 
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| 1 |  | 3B.26 of the Regional Transportation Authority Act. | 
| 2 |  |         (33) Those meetings or portions of meetings of the  | 
| 3 |  | advisory committee and peer review subcommittee created  | 
| 4 |  | under Section 320 of the Illinois Controlled Substances  | 
| 5 |  | Act during which specific controlled substance prescriber,  | 
| 6 |  | dispenser, or patient information is discussed. | 
| 7 |  |         (34) Meetings of the Tax Increment Financing Reform  | 
| 8 |  | Task Force under Section 2505-800 of the Department of  | 
| 9 |  | Revenue Law of the Civil Administrative Code of Illinois.  | 
| 10 |  |         (35) Meetings of the group established to discuss  | 
| 11 |  | Medicaid capitation rates under Section 5-30.8 of the  | 
| 12 |  | Illinois Public Aid Code.  | 
| 13 |  |         (36) Those deliberations or portions of deliberations  | 
| 14 |  | for decisions of the Illinois Gaming Board in which there  | 
| 15 |  | is discussed any of the following: (i) personal,  | 
| 16 |  | commercial, financial, or other information obtained from  | 
| 17 |  | any source that is privileged, proprietary, confidential,  | 
| 18 |  | or a trade secret; or (ii) information specifically  | 
| 19 |  | exempted from the disclosure by federal or State law. | 
| 20 |  |         (37) Deliberations for decisions of the Illinois Law  | 
| 21 |  | Enforcement Training Standards Board, the Certification  | 
| 22 |  | Review Panel, and the Illinois State Police Merit Board  | 
| 23 |  | regarding certification and decertification.  | 
| 24 |  |         (38) Meetings of the Ad Hoc Statewide Domestic  | 
| 25 |  | Violence Fatality Review Committee of the Illinois  | 
| 26 |  | Criminal Justice Information Authority Board that occur in  | 
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| 1 |  | closed executive session under subsection (d) of Section  | 
| 2 |  | 35 of the Domestic Violence Fatality Review Act.  | 
| 3 |  |         (39) Meetings of the regional review teams under  | 
| 4 |  | subsection (a) of Section 75 of the Domestic Violence  | 
| 5 |  | Fatality Review Act.  | 
| 6 |  |         (40) Meetings of the Firearm Owner's Identification  | 
| 7 |  | Card Review Board under Section 10 of the Firearm Owners  | 
| 8 |  | Identification Card Act.  | 
| 9 |  |         (41) Discussions of the Attorney General's Crime  | 
| 10 |  | Firearm Database Task Force in which the information is  | 
| 11 |  | privileged or confidential or is specifically exempted  | 
| 12 |  | from disclosure by federal or State law or rules and  | 
| 13 |  | regulations implementing federal or State law. This  | 
| 14 |  | paragraph (41) is inoperative on and after May 1, 2026.     | 
| 15 |  |     (d) Definitions. For purposes of this Section: | 
| 16 |  |     "Employee" means a person employed by a public body whose  | 
| 17 |  | relationship with the public body constitutes an  | 
| 18 |  | employer-employee relationship under the usual common law  | 
| 19 |  | rules, and who is not an independent contractor. | 
| 20 |  |     "Public office" means a position created by or under the  | 
| 21 |  | Constitution or laws of this State, the occupant of which is  | 
| 22 |  | charged with the exercise of some portion of the sovereign  | 
| 23 |  | power of this State. The term "public office" shall include  | 
| 24 |  | members of the public body, but it shall not include  | 
| 25 |  | organizational positions filled by members thereof, whether  | 
| 26 |  | established by law or by a public body itself, that exist to  | 
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| 1 |  | assist the body in the conduct of its business. | 
| 2 |  |     "Quasi-adjudicative body" means an administrative body  | 
| 3 |  | charged by law or ordinance with the responsibility to conduct  | 
| 4 |  | hearings, receive evidence or testimony and make  | 
| 5 |  | determinations based thereon, but does not include local  | 
| 6 |  | electoral boards when such bodies are considering petition  | 
| 7 |  | challenges. | 
| 8 |  |     (e) Final action. No final action may be taken at a closed  | 
| 9 |  | meeting. Final action shall be preceded by a public recital of  | 
| 10 |  | the nature of the matter being considered and other  | 
| 11 |  | information that will inform the public of the business being  | 
| 12 |  | conducted.  | 
| 13 |  | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;  | 
| 14 |  | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.  | 
| 15 |  | 7-28-23; 103-626, eff. 1-1-25.) | 
| 16 |  |     Section 4. The Attorney General Act is amended by adding  | 
| 17 |  | Section 6.7 as follows: | 
| 18 |  |     (15 ILCS 205/6.7 new) | 
| 19 |  |     Sec. 6.7. Crime Firearm Database Task Force.     | 
| 20 |  |     (a) A task force composed of individuals chosen by the  | 
| 21 |  | Attorney General to be known as the Attorney General's Crime  | 
| 22 |  | Firearm Database Task Force is created in the Office of the  | 
| 23 |  | Attorney General. | 
| 24 |  |     (b) Members of the Task Force shall serve at the pleasure  | 
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| 1 |  | of the Attorney General or for such terms as the Attorney  | 
| 2 |  | General may designate. | 
| 3 |  |     (c) The Task Force shall convene at the call of the  | 
| 4 |  | Attorney General and shall hold at least 4 meetings. | 
| 5 |  |     (d) The Task Force shall study the use of databases in this  | 
| 6 |  | State to track firearms used in crime. | 
| 7 |  |     (e) The Task Force members shall serve without  | 
| 8 |  | compensation. | 
| 9 |  |     (f) The Task Force shall submit its final recommendations  | 
| 10 |  | to the General Assembly no later than May 1, 2026, and upon the  | 
| 11 |  | submission of its final recommendations, the Task Force is  | 
| 12 |  | dissolved.". |