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| 1 | AN ACT concerning firearms.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||||
| 5 | Section 2 as follows:
| |||||||||||||||||||||
| 6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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| 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 | |||||||||||||||||||||
| 17 | subject included within an enumerated exception.
| |||||||||||||||||||||
| 18 | (c) Exceptions. A public body may hold closed meetings to | |||||||||||||||||||||
| 19 | consider the
following subjects:
| |||||||||||||||||||||
| 20 | (1) The appointment, employment, compensation, | |||||||||||||||||||||
| 21 | discipline, performance,
or dismissal of specific | |||||||||||||||||||||
| 22 | employees, specific individuals who serve as independent | |||||||||||||||||||||
| 23 | contractors in a park, recreational, or educational | |||||||||||||||||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 1 | provided that the body
prepares and makes available for | ||||||
| 2 | public inspection a written decision
setting forth its | ||||||
| 3 | determinative reasoning.
| ||||||
| 4 | (5) The purchase or lease of real property for the use | ||||||
| 5 | of
the public body, including meetings held for the | ||||||
| 6 | purpose of discussing
whether a particular parcel should | ||||||
| 7 | be acquired.
| ||||||
| 8 | (6) The setting of a price for sale or lease of | ||||||
| 9 | property owned
by the public body.
| ||||||
| 10 | (7) The sale or purchase of securities, investments, | ||||||
| 11 | or investment
contracts. This exception shall not apply to | ||||||
| 12 | the investment of assets or income of funds deposited into | ||||||
| 13 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
| 14 | (8) Security procedures, school building safety and | ||||||
| 15 | security, and the use of personnel, and
equipment,
| ||||||
| 16 | reporting to law enforcement, or legal action to respond | ||||||
| 17 | to an actual, a threatened, or a reasonably
potential | ||||||
| 18 | danger to the safety of employees, students, staff, the | ||||||
| 19 | public, or
public
property.
| ||||||
| 20 | (9) Student disciplinary cases.
| ||||||
| 21 | (10) The placement of individual students in special | ||||||
| 22 | education
programs and other matters relating to | ||||||
| 23 | individual students.
| ||||||
| 24 | (11) Litigation, when an action against, affecting or | ||||||
| 25 | on behalf of the
particular public body has been filed and | ||||||
| 26 | is pending before a court or
administrative tribunal, or | ||||||
| |||||||
| |||||||
| 1 | when the public body finds that an action is
probable or | ||||||
| 2 | imminent, in which case the basis for the finding shall be
| ||||||
| 3 | recorded and entered into the minutes of the closed | ||||||
| 4 | meeting.
| ||||||
| 5 | (12) The establishment of reserves or settlement of | ||||||
| 6 | claims as provided
in the Local Governmental and | ||||||
| 7 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 8 | disposition of a claim or potential claim might be
| ||||||
| 9 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 10 | risk management
information, records, data, advice or | ||||||
| 11 | communications from or with respect
to any insurer of the | ||||||
| 12 | public body or any intergovernmental risk management
| ||||||
| 13 | association or self insurance pool of which the public | ||||||
| 14 | body is a member.
| ||||||
| 15 | (13) Conciliation of complaints of discrimination in | ||||||
| 16 | the sale or rental
of housing, when closed meetings are | ||||||
| 17 | authorized by the law or ordinance
prescribing fair | ||||||
| 18 | housing practices and creating a commission or
| ||||||
| 19 | administrative agency for their enforcement.
| ||||||
| 20 | (14) Informant sources, the hiring or assignment of | ||||||
| 21 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 22 | future criminal investigations, when
discussed by a public | ||||||
| 23 | body with criminal investigatory responsibilities.
| ||||||
| 24 | (15) Professional ethics or performance when | ||||||
| 25 | considered by an advisory
body appointed to advise a | ||||||
| 26 | licensing or regulatory agency on matters
germane to the | ||||||
| |||||||
| |||||||
| 1 | advisory body's field of competence.
| ||||||
| 2 | (16) Self evaluation, practices and procedures or | ||||||
| 3 | professional ethics,
when meeting with a representative of | ||||||
| 4 | a statewide association of which the
public body is a | ||||||
| 5 | member.
| ||||||
| 6 | (17) The recruitment, credentialing, discipline or | ||||||
| 7 | formal peer review
of physicians or other
health care | ||||||
| 8 | professionals, or for the discussion of matters protected | ||||||
| 9 | under the federal Patient Safety and Quality Improvement | ||||||
| 10 | Act of 2005, and the regulations promulgated thereunder, | ||||||
| 11 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
| 12 | Health Insurance Portability and Accountability Act of | ||||||
| 13 | 1996, and the regulations promulgated thereunder, | ||||||
| 14 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
| 15 | hospital, or
other institution providing medical care, | ||||||
| 16 | that is operated by the public body.
| ||||||
| 17 | (18) Deliberations for decisions of the Prisoner | ||||||
| 18 | Review Board.
| ||||||
| 19 | (19) Review or discussion of applications received | ||||||
| 20 | under the
Experimental Organ Transplantation Procedures | ||||||
| 21 | Act.
| ||||||
| 22 | (20) The classification and discussion of matters | ||||||
| 23 | classified as
confidential or continued confidential by | ||||||
| 24 | the State Government Suggestion Award
Board.
| ||||||
| 25 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 26 | under this Act,
whether for purposes of approval by the | ||||||
| |||||||
| |||||||
| 1 | body of the minutes or semi-annual
review of the minutes | ||||||
| 2 | as mandated by Section 2.06.
| ||||||
| 3 | (22) Deliberations for decisions of the State
| ||||||
| 4 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 5 | (23) The operation by a municipality of a municipal | ||||||
| 6 | utility or the
operation of a
municipal power agency or | ||||||
| 7 | municipal natural gas agency when the
discussion involves | ||||||
| 8 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 9 | of electricity or natural gas or (ii) the results
or | ||||||
| 10 | conclusions of load forecast studies.
| ||||||
| 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 | Brian's Law. | ||||||
| 17 | (26) Meetings of a mortality review team appointed | ||||||
| 18 | under the Department of Juvenile Justice Mortality Review | ||||||
| 19 | Team Act. | ||||||
| 20 | (27) (Blank). | ||||||
| 21 | (28) Correspondence and records (i) that may not be | ||||||
| 22 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 23 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 24 | the Illinois Public Aid Code. | ||||||
| 25 | (29) Meetings between internal or external auditors | ||||||
| 26 | and governmental audit committees, finance committees, and | ||||||
| |||||||
| |||||||
| 1 | their equivalents, when the discussion involves internal | ||||||
| 2 | control weaknesses, identification of potential fraud risk | ||||||
| 3 | areas, known or suspected frauds, and fraud interviews | ||||||
| 4 | conducted in accordance with generally accepted auditing | ||||||
| 5 | standards of the United States of America. | ||||||
| 6 | (30) Those meetings or portions of meetings of a | ||||||
| 7 | fatality review team or the Illinois Fatality Review Team | ||||||
| 8 | Advisory Council during which a review of the death of an | ||||||
| 9 | eligible adult in which abuse or neglect is suspected, | ||||||
| 10 | alleged, or substantiated is conducted pursuant to Section | ||||||
| 11 | 15 of the Adult Protective Services Act. | ||||||
| 12 | (31) Meetings and deliberations for decisions of the | ||||||
| 13 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 14 | Concealed Carry Act. | ||||||
| 15 | (32) Meetings between the Regional Transportation | ||||||
| 16 | Authority Board and its Service Boards when the discussion | ||||||
| 17 | involves review by the Regional Transportation Authority | ||||||
| 18 | Board of employment contracts under Section 28d of the | ||||||
| 19 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 20 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 21 | (33) Those meetings or portions of meetings of the | ||||||
| 22 | advisory committee and peer review subcommittee created | ||||||
| 23 | under Section 320 of the Illinois Controlled Substances | ||||||
| 24 | Act during which specific controlled substance prescriber, | ||||||
| 25 | dispenser, or patient information is discussed. | ||||||
| 26 | (34) Meetings of the Tax Increment Financing Reform | ||||||
| |||||||
| |||||||
| 1 | Task Force under Section 2505-800 of the Department of | ||||||
| 2 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
| 3 | (35) Meetings of the group established to discuss | ||||||
| 4 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
| 5 | Illinois Public Aid Code. | ||||||
| 6 | (36) Those deliberations or portions of deliberations | ||||||
| 7 | for decisions of the Illinois Gaming Board in which there | ||||||
| 8 | is discussed any of the following: (i) personal, | ||||||
| 9 | commercial, financial, or other information obtained from | ||||||
| 10 | any source that is privileged, proprietary, confidential, | ||||||
| 11 | or a trade secret; or (ii) information specifically | ||||||
| 12 | exempted from the disclosure by federal or State law. | ||||||
| 13 | (37) Deliberations for decisions of the Illinois Law
| ||||||
| 14 | Enforcement Training Standards Board, the Certification | ||||||
| 15 | Review Panel, and the Illinois State Police Merit Board | ||||||
| 16 | regarding certification and decertification. | ||||||
| 17 | (38) Meetings of the Ad Hoc Statewide Domestic
| ||||||
| 18 | Violence Fatality Review Committee of the Illinois | ||||||
| 19 | Criminal
Justice Information Authority Board that occur in | ||||||
| 20 | closed executive session under subsection (d) of Section | ||||||
| 21 | 35 of the Domestic Violence Fatality Review Act. | ||||||
| 22 | (39) Meetings of the regional review teams under | ||||||
| 23 | subsection (a) of Section 75 of the Domestic Violence | ||||||
| 24 | Fatality Review Act. | ||||||
| 25 | (40) Meetings of the Firearm Owner's Identification | ||||||
| 26 | Card Review Board under Section 10 of the Firearm Owners | ||||||
| |||||||
| |||||||
| 1 | Identification Card Act. | ||||||
| 2 | (d) Definitions. For purposes of this Section:
| ||||||
| 3 | "Employee" means a person employed by a public body whose | ||||||
| 4 | relationship
with the public body constitutes an | ||||||
| 5 | employer-employee relationship under
the usual common law | ||||||
| 6 | rules, and who is not an independent contractor.
| ||||||
| 7 | "Public office" means a position created by or under the
| ||||||
| 8 | Constitution or laws of this State, the occupant of which is | ||||||
| 9 | charged with
the exercise of some portion of the sovereign | ||||||
| 10 | power of this State. The term
"public office" shall include | ||||||
| 11 | members of the public body, but it shall not
include | ||||||
| 12 | organizational positions filled by members thereof, whether
| ||||||
| 13 | established by law or by a public body itself, that exist to | ||||||
| 14 | assist the
body in the conduct of its business.
| ||||||
| 15 | "Quasi-adjudicative body" means an administrative body | ||||||
| 16 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 17 | hearings, receive evidence or
testimony and make | ||||||
| 18 | determinations based
thereon, but does not include
local | ||||||
| 19 | electoral boards when such bodies are considering petition | ||||||
| 20 | challenges.
| ||||||
| 21 | (e) Final action. No final action may be taken at a closed | ||||||
| 22 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 23 | the nature of the
matter being considered and other | ||||||
| 24 | information that will inform the
public of the business being | ||||||
| 25 | conducted.
| ||||||
| 26 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||||||
| |||||||
| |||||||
| 1 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||||||
| 2 | 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
| 3 | Section 10. The Mental Health and Developmental | ||||||
| 4 | Disabilities Code is amended by changing Section 6-103.3 as | ||||||
| 5 | follows:
| ||||||
| 6 | (405 ILCS 5/6-103.3) | ||||||
| 7 | Sec. 6-103.3. Clear and present danger; notice. | ||||||
| 8 | (a) If a person is determined to pose a clear and present | ||||||
| 9 | danger to himself, herself, or to others by a physician, | ||||||
| 10 | clinical psychologist, or qualified examiner, whether employed | ||||||
| 11 | by the State, by any public or private mental health facility | ||||||
| 12 | or part thereof, or by a law enforcement official or a school | ||||||
| 13 | administrator, then the physician, clinical psychologist, | ||||||
| 14 | qualified examiner shall notify the Department of Human | ||||||
| 15 | Services and a law enforcement official or school | ||||||
| 16 | administrator shall notify the Illinois State Police, within | ||||||
| 17 | 24 hours of making the determination that the person poses a | ||||||
| 18 | clear and present danger. The Illinois State Police, in | ||||||
| 19 | conjunction with the Illinois State Board of Education and the | ||||||
| 20 | Illinois Board of Higher Education, shall prescribe the form | ||||||
| 21 | and manner that the school administrator shall notify the | ||||||
| 22 | Illinois State Police of the determination. The Department of | ||||||
| 23 | Human Services shall immediately update its records and | ||||||
| 24 | information relating to mental health and developmental | ||||||
| |||||||
| |||||||
| 1 | disabilities, and if appropriate, shall notify the Illinois | ||||||
| 2 | State Police in a form and manner prescribed by the Illinois | ||||||
| 3 | State Police. When the Illinois State Police is notified by a | ||||||
| 4 | school administrator pursuant to this Section that a person | ||||||
| 5 | has been determined to pose a clear and present danger, within | ||||||
| 6 | 24 hours of receiving the notification, it shall notify a | ||||||
| 7 | local law enforcement agency where the person resides and, if | ||||||
| 8 | applicable, a local law enforcement agency where the school | ||||||
| 9 | administrator's school is located of that determination. The | ||||||
| 10 | Illinois State Police shall determine whether to revoke the | ||||||
| 11 | person's Firearm Owner's Identification Card, if applicable, | ||||||
| 12 | and in consultation with local law enforcement, whether an | ||||||
| 13 | Illinois State Police Officer will file a petition under the | ||||||
| 14 | Firearms Restraining Order Act with that person as the | ||||||
| 15 | respondent. Within 24 hours after a school administrator makes | ||||||
| 16 | a notification pursuant to this Section, the Illinois State | ||||||
| 17 | Police shall notify the school administrator in writing of its | ||||||
| 18 | determination about whether to file an action under the | ||||||
| 19 | Firearms Restraining Order Act with that person as the | ||||||
| 20 | respondent. Before October 1, 2023, the Illinois State Police, | ||||||
| 21 | in consultation with the Illinois State Board of Education and | ||||||
| 22 | the Illinois Board of Higher Education, shall develop and | ||||||
| 23 | maintain a resource guide for school administrators that sets | ||||||
| 24 | forth guidelines, considerations of confidentiality and best | ||||||
| 25 | practices for school administrators in making a determination | ||||||
| 26 | that a person poses a clear and present danger pursuant to this | ||||||
| |||||||
| |||||||
| 1 | Section. That resource guide shall be made available on the | ||||||
| 2 | Internet websites of the Illinois State Police, Illinois State | ||||||
| 3 | Board of Education, and Illinois Board of Higher Education. | ||||||
| 4 | The Illinois State Police, in conjunction with the Illinois | ||||||
| 5 | State Board of Education and the Illinois Board of Higher | ||||||
| 6 | Education, may adopt such rules as may be necessary to | ||||||
| 7 | implement and administer this Section. | ||||||
| 8 | (b) Information disclosed under this Section shall remain | ||||||
| 9 | privileged and confidential, and shall not be redisclosed, | ||||||
| 10 | except as required under subsection (e) of Section 3.1 of the | ||||||
| 11 | Firearm Owners Identification Card Act or for the purpose of | ||||||
| 12 | an action under the Firearms Restraining Order Act, nor used | ||||||
| 13 | for any other purpose. The method of providing this | ||||||
| 14 | information shall guarantee that the information is not | ||||||
| 15 | released beyond that which is necessary for the purposes | ||||||
| 16 | provided by purpose of this Section and shall be provided by | ||||||
| 17 | rule by the Department of Human Services. The identity of the | ||||||
| 18 | person reporting under this Section shall not be disclosed to | ||||||
| 19 | the subject of the report. The physician, clinical | ||||||
| 20 | psychologist, qualified examiner, law enforcement official, or | ||||||
| 21 | school administrator making the determination and his or her | ||||||
| 22 | employer shall not be held criminally, civilly, or | ||||||
| 23 | professionally liable for making or not making the | ||||||
| 24 | notification required under this Section, except for willful | ||||||
| 25 | or wanton misconduct. This Section does not apply to a law | ||||||
| 26 | enforcement official, if making the notification under this | ||||||
| |||||||
| |||||||
| 1 | Section will interfere with an ongoing or pending criminal | ||||||
| 2 | investigation. | ||||||
| 3 | (c) For the purposes of this Section: | ||||||
| 4 | "Clear and present danger" has the meaning ascribed to | ||||||
| 5 | it in Section 1.1 of the Firearm Owners Identification | ||||||
| 6 | Card Act. | ||||||
| 7 | "Determined to pose a clear and present danger to | ||||||
| 8 | himself, herself, or to others by a physician, clinical | ||||||
| 9 | psychologist, or qualified examiner" means in the | ||||||
| 10 | professional opinion of the physician, clinical | ||||||
| 11 | psychologist, or qualified examiner, a person poses a | ||||||
| 12 | clear and present danger. | ||||||
| 13 | "School administrator" means the person required to | ||||||
| 14 | report under the School Administrator Reporting of Mental | ||||||
| 15 | Health Clear and Present Danger Determinations Law.
| ||||||
| 16 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.
| ||||||