Full Text of HB5684 99th General Assembly
HB5684ham001 99TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 4/15/2016
| | 09900HB5684ham001 | | LRB099 19522 RPS 47632 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5684
| 2 | | AMENDMENT NO. ______. Amend House Bill 5684 by replacing | 3 | | everything after the enacting clause with the following:
| 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)
| 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 not | 16 | | require the holding of
a closed meeting to discuss a subject |
| | | 09900HB5684ham001 | - 2 - | LRB099 19522 RPS 47632 a |
|
| 1 | | 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 of the public body or legal counsel for
the | 7 | | public body, including hearing
testimony on a complaint | 8 | | lodged against an employee of the public body or
against | 9 | | legal counsel for the public body to determine its | 10 | | validity. However, a meeting to consider an increase in | 11 | | compensation to a specific employee of a public body that | 12 | | is subject to subsection (g) of Section 7-114 of the | 13 | | Illinois Pension Code may not be closed and shall be open | 14 | | to the public and posted and held in accordance with this | 15 | | Act.
| 16 | | (2) Collective negotiating matters between the public | 17 | | body and its
employees or their representatives, or | 18 | | deliberations concerning salary
schedules for one or more | 19 | | classes of employees.
| 20 | | (3) The selection of a person to fill a public office,
| 21 | | as defined in this Act, including a vacancy in a public | 22 | | office, when the public
body is given power to appoint | 23 | | under law or ordinance, or the discipline,
performance or | 24 | | removal of the occupant of a public office, when the public | 25 | | body
is given power to remove the occupant under law or | 26 | | ordinance.
|
| | | 09900HB5684ham001 | - 3 - | LRB099 19522 RPS 47632 a |
|
| 1 | | (4) Evidence or testimony presented in open hearing, or | 2 | | in closed
hearing where specifically authorized by law, to
| 3 | | a quasi-adjudicative body, as defined in this Act, provided | 4 | | that the body
prepares and makes available for public | 5 | | inspection a written decision
setting forth its | 6 | | determinative reasoning.
| 7 | | (5) The purchase or lease of real property for the use | 8 | | of
the public body, including meetings held for the purpose | 9 | | of discussing
whether a particular parcel should be | 10 | | acquired.
| 11 | | (6) The setting of a price for sale or lease of | 12 | | property owned
by the public body.
| 13 | | (7) The sale or purchase of securities, investments, or | 14 | | investment
contracts. This exception shall not apply to the | 15 | | investment of assets or income of funds deposited into the | 16 | | Illinois Prepaid Tuition Trust Fund.
| 17 | | (8) Security procedures, school building safety and | 18 | | security, and the use of personnel and
equipment to respond | 19 | | to an actual, a threatened, or a reasonably
potential | 20 | | danger to the safety of employees, students, staff, the | 21 | | public, or
public
property.
| 22 | | (9) Student disciplinary cases.
| 23 | | (10) The placement of individual students in special | 24 | | education
programs and other matters relating to | 25 | | individual students.
| 26 | | (11) Litigation, when an action against, affecting or |
| | | 09900HB5684ham001 | - 4 - | LRB099 19522 RPS 47632 a |
|
| 1 | | on behalf of the
particular public body has been filed and | 2 | | is pending before a court or
administrative tribunal, or | 3 | | when the public body finds that an action is
probable or | 4 | | imminent, in which case the basis for the finding shall be
| 5 | | recorded and entered into the minutes of the closed | 6 | | meeting.
| 7 | | (12) The establishment of reserves or settlement of | 8 | | claims as provided
in the Local Governmental and | 9 | | Governmental Employees Tort Immunity Act, if
otherwise the | 10 | | disposition of a claim or potential claim might be
| 11 | | prejudiced, or the review or discussion of claims, loss or | 12 | | risk management
information, records, data, advice or | 13 | | communications from or with respect
to any insurer of the | 14 | | public body or any intergovernmental risk management
| 15 | | association or self insurance pool of which the public body | 16 | | is a member.
| 17 | | (13) Conciliation of complaints of discrimination in | 18 | | the sale or rental
of housing, when closed meetings are | 19 | | authorized by the law or ordinance
prescribing fair housing | 20 | | practices and creating a commission or
administrative | 21 | | agency for their enforcement.
| 22 | | (14) Informant sources, the hiring or assignment of | 23 | | undercover personnel
or equipment, or ongoing, prior or | 24 | | future criminal investigations, when
discussed by a public | 25 | | body with criminal investigatory responsibilities.
| 26 | | (15) Professional ethics or performance when |
| | | 09900HB5684ham001 | - 5 - | LRB099 19522 RPS 47632 a |
|
| 1 | | considered by an advisory
body appointed to advise a | 2 | | licensing or regulatory agency on matters
germane to the | 3 | | advisory body's field of competence.
| 4 | | (16) Self evaluation, practices and procedures or | 5 | | professional ethics,
when meeting with a representative of | 6 | | a statewide association of which the
public body is a | 7 | | member.
| 8 | | (17) The recruitment, credentialing, discipline or | 9 | | formal peer review
of physicians or other
health care | 10 | | professionals for a hospital, or
other institution | 11 | | providing medical care, that is operated by the public | 12 | | body.
| 13 | | (18) Deliberations for decisions of the Prisoner | 14 | | Review Board.
| 15 | | (19) Review or discussion of applications received | 16 | | under the
Experimental Organ Transplantation Procedures | 17 | | Act.
| 18 | | (20) The classification and discussion of matters | 19 | | classified as
confidential or continued confidential by | 20 | | the State Government Suggestion Award
Board.
| 21 | | (21) Discussion of minutes of meetings lawfully closed | 22 | | under this Act,
whether for purposes of approval by the | 23 | | body of the minutes or semi-annual
review of the minutes as | 24 | | mandated by Section 2.06.
| 25 | | (22) Deliberations for decisions of the State
| 26 | | Emergency Medical Services Disciplinary
Review Board.
|
| | | 09900HB5684ham001 | - 6 - | LRB099 19522 RPS 47632 a |
|
| 1 | | (23) The operation by a municipality of a municipal | 2 | | utility or the
operation of a
municipal power agency or | 3 | | municipal natural gas agency when the
discussion involves | 4 | | (i) contracts relating to the
purchase, sale, or delivery | 5 | | of electricity or natural gas or (ii) the results
or | 6 | | conclusions of load forecast studies.
| 7 | | (24) Meetings of a residential health care facility | 8 | | resident sexual
assault and death review
team or
the | 9 | | Executive
Council under the Abuse Prevention Review
Team | 10 | | Act.
| 11 | | (25) Meetings of an independent team of experts under | 12 | | Brian's Law. | 13 | | (26) Meetings of a mortality review team appointed | 14 | | under the Department of Juvenile Justice Mortality Review | 15 | | Team Act. | 16 | | (27) (Blank). | 17 | | (28) Correspondence and records (i) that may not be | 18 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 19 | | that pertain to appeals under Section 11-8 of the Public | 20 | | Aid Code. | 21 | | (29) Meetings between internal or external auditors | 22 | | and governmental audit committees, finance committees, and | 23 | | their equivalents, when the discussion involves internal | 24 | | control weaknesses, identification of potential fraud risk | 25 | | areas, known or suspected frauds, and fraud interviews | 26 | | conducted in accordance with generally accepted auditing |
| | | 09900HB5684ham001 | - 7 - | LRB099 19522 RPS 47632 a |
|
| 1 | | standards of the United States of America. | 2 | | (30) Those meetings or portions of meetings of a | 3 | | fatality review team or the Illinois Fatality Review Team | 4 | | Advisory Council during which a review of the death of an | 5 | | eligible adult in which abuse or neglect is suspected, | 6 | | alleged, or substantiated is conducted pursuant to Section | 7 | | 15 of the Adult Protective Services Act. | 8 | | (31) Meetings and deliberations for decisions of the | 9 | | Concealed Carry Licensing Review Board under the Firearm | 10 | | Concealed Carry Act. | 11 | | (32) Meetings between the Regional Transportation | 12 | | Authority Board and its Service Boards when the discussion | 13 | | involves review by the Regional Transportation Authority | 14 | | Board of employment contracts under Section 28d of the | 15 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 16 | | 3B.26 of the Regional Transportation Authority Act. | 17 | | (33) Those meetings meeting or portions of meetings of | 18 | | the advisory committee and peer review subcommittee | 19 | | created under Section 320 of the Illinois Controlled | 20 | | Substances Act during which specific controlled substance | 21 | | prescriber, dispenser, or patient information is | 22 | | discussed. | 23 | | (d) Definitions. For purposes of this Section:
| 24 | | "Employee" means a person employed by a public body whose | 25 | | relationship
with the public body constitutes an | 26 | | employer-employee relationship under
the usual common law |
| | | 09900HB5684ham001 | - 8 - | LRB099 19522 RPS 47632 a |
|
| 1 | | rules, and who is not an independent contractor.
| 2 | | "Public office" means a position created by or under the
| 3 | | Constitution or laws of this State, the occupant of which is | 4 | | charged with
the exercise of some portion of the sovereign | 5 | | power of this State. The term
"public office" shall include | 6 | | members of the public body, but it shall not
include | 7 | | organizational positions filled by members thereof, whether
| 8 | | established by law or by a public body itself, that exist to | 9 | | assist the
body in the conduct of its business.
| 10 | | "Quasi-adjudicative body" means an administrative body | 11 | | charged by law or
ordinance with the responsibility to conduct | 12 | | hearings, receive evidence or
testimony and make | 13 | | determinations based
thereon, but does not include
local | 14 | | electoral boards when such bodies are considering petition | 15 | | challenges.
| 16 | | (e) Final action. No final action may be taken at a closed | 17 | | meeting.
Final action shall be preceded by a public recital of | 18 | | the nature of the
matter being considered and other information | 19 | | that will inform the
public of the business being conducted.
| 20 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 21 | | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; | 22 | | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; | 23 | | revised 10-14-15.)
| 24 | | Section 10. The Illinois Pension Code is amended by | 25 | | changing Section 7-114 as follows:
|
| | | 09900HB5684ham001 | - 9 - | LRB099 19522 RPS 47632 a |
|
| 1 | | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| 2 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 3 | | which has been
held unconstitutional)
| 4 | | Sec. 7-114. Earnings. "Earnings":
| 5 | | (a) An amount to be determined by the board, equal to the | 6 | | sum of:
| 7 | | 1. The total amount of money paid to an employee for | 8 | | personal
services or official duties as an employee (except | 9 | | those employed as
independent contractors) paid out of the | 10 | | general fund, or out of any
special funds controlled by the | 11 | | municipality, or by any instrumentality
thereof, or | 12 | | participating instrumentality, including compensation, | 13 | | fees,
allowances, or other emolument paid for official | 14 | | duties (but not
including automobile maintenance, travel | 15 | | expense, or reimbursements for
expenditures incurred in | 16 | | the performance of duties) and, for fee
offices, the fees | 17 | | or earnings of the offices to the extent such fees are
paid | 18 | | out of funds controlled by the municipality, or | 19 | | instrumentality or
participating instrumentality; and
| 20 | | 2. The money value, as determined by rules prescribed | 21 | | by the
governing body of the municipality, or | 22 | | instrumentality thereof, of any
board, lodging, fuel, | 23 | | laundry, and other allowances provided an employee
in lieu | 24 | | of money.
| 25 | | (b) For purposes of determining benefits payable under this |
| | | 09900HB5684ham001 | - 10 - | LRB099 19522 RPS 47632 a |
|
| 1 | | fund
payments to a person who is engaged in an independently | 2 | | established
trade, occupation, profession or business and who | 3 | | is paid for his
service on a basis other than a monthly or | 4 | | other regular salary, are not
earnings.
| 5 | | (c) If a disabled participating employee is eligible to | 6 | | receive Workers'
Compensation for an accidental injury and the | 7 | | participating municipality or
instrumentality which employed | 8 | | the participating employee when injured
continues to pay the | 9 | | participating employee regular salary or other
compensation or | 10 | | pays the employee an amount in excess of the Workers'
| 11 | | Compensation amount, then earnings shall be deemed to be the | 12 | | total payments,
including an amount equal to the Workers' | 13 | | Compensation payments. These
payments shall be subject to | 14 | | employee contributions and allocated as if paid to
the | 15 | | participating employee when the regular payroll amounts would | 16 | | have been
paid if the participating employee had continued | 17 | | working, and creditable
service shall be awarded for this | 18 | | period.
| 19 | | (d) If an elected official who is a participating employee | 20 | | becomes disabled
but does not resign and is not removed from | 21 | | office, then earnings shall include
all salary payments made | 22 | | for the remainder of that term of office and the
official shall | 23 | | be awarded creditable service for the term of office.
| 24 | | (e) If a participating employee is paid pursuant to "An Act | 25 | | to provide for
the continuation of compensation for law | 26 | | enforcement officers, correctional
officers and firemen who |
| | | 09900HB5684ham001 | - 11 - | LRB099 19522 RPS 47632 a |
|
| 1 | | suffer disabling injury in the line of duty", approved
| 2 | | September 6, 1973, as amended, the payments shall be deemed | 3 | | earnings, and the
participating employee shall be awarded | 4 | | creditable service for this period.
| 5 | | (f) Additional compensation received by a person while | 6 | | serving as a
supervisor of assessments, assessor, deputy | 7 | | assessor or member of a board of
review from the State of | 8 | | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax | 9 | | Code shall not be
earnings for purposes of this Article and | 10 | | shall not be included in the
contribution formula or | 11 | | calculation of benefits for such person pursuant to
this | 12 | | Article.
| 13 | | (g) For purposes of this Article, for employees whose first | 14 | | date of participation is before January 1, 2011, and | 15 | | notwithstanding the other provisions of this Section, any | 16 | | payment, whether in the form of an increase of wages or a | 17 | | lump-sum payment, that | 18 | | (1) is made by a participating employer to an employee | 19 | | who is not subject to a collective bargaining agreement | 20 | | after the employee has expressed to the participating | 21 | | employer his or her intent to retire, | 22 | | (2) would have the effect of increasing the employee's | 23 | | reportable wages under this Article by more than 6% | 24 | | compared to the previous month, and | 25 | | (3) is made between 12 months and 90 days prior to the | 26 | | employee's termination of service, |
| | | 09900HB5684ham001 | - 12 - | LRB099 19522 RPS 47632 a |
|
| 1 | | shall not be payable unless the governing board of that | 2 | | participating employer has separately confirmed that payment | 3 | | to that specific employee, by ordinance or resolution, at a | 4 | | meeting open to the public and posted and held in accordance | 5 | | with the requirements of the Open Meetings Act. The | 6 | | determination of whether this payment is permissible under this | 7 | | subsection shall rest exclusively with the employer. | 8 | | A participating employer may not make a payment to an | 9 | | employee in a manner inconsistent with this subsection. This | 10 | | subsection is a denial and limitation of home rule powers and | 11 | | functions under subsection (h) of Section 6 of Article VII of | 12 | | the Illinois Constitution. | 13 | | (Source: P.A. 87-740; 88-670, eff. 12-2-94.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
|
|