Full Text of HB0028 95th General Assembly
HB0028enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Open Meetings Act is amended by changing | 5 |
| Section 2 as follows:
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| (5 ILCS 120/2) (from Ch. 102, par. 42)
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| Sec. 2. Open meetings.
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| (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.
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| (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 | 17 |
| included within an enumerated exception.
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| (c) Exceptions. A public body may hold closed meetings to | 19 |
| consider the
following subjects:
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| (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 |
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| lodged against an employee of the public body or
against | 2 |
| legal counsel for the public body to determine its | 3 |
| validity.
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| (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.
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| (3) The selection of a person to fill a public office,
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| 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.
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| (4) Evidence or testimony presented in open hearing, or | 16 |
| in closed
hearing where specifically authorized by law, to
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| 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.
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| (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.
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| (6) The setting of a price for sale or lease of | 26 |
| property owned
by the public body.
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| (7) The sale or purchase of securities, investments, or | 2 |
| investment
contracts.
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| (8) Security procedures and the use of personnel and
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| equipment to respond to an actual, a threatened, or a | 5 |
| reasonably
potential danger to the safety of employees, | 6 |
| students, staff, the public, or
public
property.
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| (9) Student disciplinary cases.
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| (10) The placement of individual students in special | 9 |
| education
programs and other matters relating to | 10 |
| individual students.
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| (11) Litigation, when an action against, affecting or | 12 |
| on behalf of the
particular public body has been filed and | 13 |
| is pending before a court or
administrative tribunal, or | 14 |
| when the public body finds that an action is
probable or | 15 |
| imminent, in which case the basis for the finding shall be
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| recorded and entered into the minutes of the closed | 17 |
| meeting.
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| (12) The establishment of reserves or settlement of | 19 |
| claims as provided
in the Local Governmental and | 20 |
| Governmental Employees Tort Immunity Act, if
otherwise the | 21 |
| disposition of a claim or potential claim might be
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| prejudiced, or the review or discussion of claims, loss or | 23 |
| risk management
information, records, data, advice or | 24 |
| communications from or with respect
to any insurer of the | 25 |
| public body or any intergovernmental risk management
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| association or self insurance pool of which the public body |
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| is a member.
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| (13) Conciliation of complaints of discrimination in | 3 |
| the sale or rental
of housing, when closed meetings are | 4 |
| authorized by the law or ordinance
prescribing fair housing | 5 |
| practices and creating a commission or
administrative | 6 |
| agency for their enforcement.
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| (14) Informant sources, the hiring or assignment of | 8 |
| undercover personnel
or equipment, or ongoing, prior or | 9 |
| future criminal investigations, when
discussed by a public | 10 |
| body with criminal investigatory responsibilities.
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| (15) Professional ethics or performance when | 12 |
| considered by an advisory
body appointed to advise a | 13 |
| licensing or regulatory agency on matters
germane to the | 14 |
| advisory body's field of competence.
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| (16) Self evaluation, practices and procedures or | 16 |
| professional ethics,
when meeting with a representative of | 17 |
| a statewide association of which the
public body is a | 18 |
| member.
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| (17) The recruitment, credentialing, discipline or | 20 |
| formal peer review
of physicians or other
health care | 21 |
| professionals for a hospital, or
other institution | 22 |
| providing medical care, that is operated by the public | 23 |
| body.
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| (18) Deliberations for decisions of the Prisoner | 25 |
| Review Board.
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| (19) Review or discussion of applications received |
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| under the
Experimental Organ Transplantation Procedures | 2 |
| Act.
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| (20) The classification and discussion of matters | 4 |
| classified as
confidential or continued confidential by | 5 |
| the State Government
Employees Suggestion Award
Board.
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| (21) Discussion of minutes of meetings lawfully closed | 7 |
| under this Act,
whether for purposes of approval by the | 8 |
| body of the minutes or semi-annual
review of the minutes as | 9 |
| mandated by Section 2.06.
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| (22) Deliberations for decisions of the State
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| Emergency Medical Services Disciplinary
Review Board.
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| (23) The operation by a municipality of a municipal | 13 |
| utility or the
operation of a
municipal power agency or | 14 |
| municipal natural gas agency when the
discussion involves | 15 |
| (i) contracts relating to the
purchase, sale, or delivery | 16 |
| of electricity or natural gas or (ii) the results
or | 17 |
| conclusions of load forecast studies.
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| (24) Meetings of a residential health care facility | 19 |
| resident sexual
assault and death review
team or
the | 20 |
| Executive
Council under the Abuse Prevention Review
Team | 21 |
| Act.
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| (d) Definitions. For purposes of this Section:
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| "Employee" means a person employed by a public body whose | 24 |
| relationship
with the public body constitutes an | 25 |
| employer-employee relationship under
the usual common law | 26 |
| rules, and who is not an independent contractor.
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| "Public office" means a position created by or under the
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| Constitution or laws of this State, the occupant of which is | 3 |
| charged with
the exercise of some portion of the sovereign | 4 |
| power of this State. The term
"public office" shall include | 5 |
| members of the public body, but it shall not
include | 6 |
| organizational positions filled by members thereof, whether
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| established by law or by a public body itself, that exist to | 8 |
| assist the
body in the conduct of its business.
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| "Quasi-adjudicative body" means an administrative body | 10 |
| charged by law or
ordinance with the responsibility to conduct | 11 |
| hearings, receive evidence or
testimony and make | 12 |
| determinations based
thereon, but does not include
local | 13 |
| electoral boards when such bodies are considering petition | 14 |
| challenges.
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| (e) Final action. No final action may be taken at a closed | 16 |
| meeting.
Final action shall be preceded by a public recital of | 17 |
| the nature of the
matter being considered and other information | 18 |
| that will inform the
public of the business being conducted.
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| (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422, | 20 |
| eff. 8-5-03; 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
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| Section 10. The State Comptroller Act is amended by | 22 |
| changing Section 22.2 as follows:
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| (15 ILCS 405/22.2) (from Ch. 15, par. 222.2)
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| Sec. 22.2. State Government
Employees Suggestion Award |
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| Board. Upon request from
the State Government
Employees
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| Suggestion Award Board, the Comptroller and the
Director of the
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| Governor's Office of Management and Budget may hold in reserve
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| the amounts equal to the savings from the appropriate | 5 |
| appropriation line
item for the State agency involved. The term | 6 |
| "reserve" for the purposes of
this Section means that such | 7 |
| funds shall not be expended nor obligated for
the fiscal year | 8 |
| designated by the Board.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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| Section 15. The Department of Central Management Services | 11 |
| Law of the
Civil Administrative Code of Illinois is amended by | 12 |
| changing Section 405-130 as follows:
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| (20 ILCS 405/405-130) (was 20 ILCS 405/67.28)
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| Sec. 405-130. State government
employees and retirees
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| suggestion award program.
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| (a) The Department shall assist in the implementation of a
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| State Government
Employees and Retirees Suggestion Award | 18 |
| Program, to be administered
by the Board
created in subsection | 19 |
| (b). The program shall encourage and reward
improvements in the | 20 |
| operation of State government that result in
substantial | 21 |
| monetary savings. Any Illinois resident, any State employee, | 22 |
| including management
personnel as defined by the Department,
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| any annuitant under Article 14 of the Illinois Pension Code ,
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| and any
annuitant under Article 15 of that Code who receives a |
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| retirement or
disability retirement annuity, but not including | 2 |
| elected officials and
departmental directors, may submit a | 3 |
| cost-saving suggestion
to the Board, which shall
direct the | 4 |
| suggestion to the appropriate department or agency without
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| disclosing the identity of the suggester. A suggester may make | 6 |
| a
suggestion or include documentation on matters a department | 7 |
| or agency
considers confidential, except where prohibited by | 8 |
| federal or State law;
and no disciplinary or other negative | 9 |
| action may be taken against the
suggester unless there is a | 10 |
| violation of federal or State law.
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| Suggestions, including documentation, upon receipt, shall | 12 |
| be given
confidential treatment and shall not be subject to | 13 |
| subpoena or be
made
public until the agency affected by it has | 14 |
| had the opportunity to request
continued confidentiality. The | 15 |
| agency, if it requests continued
confidentiality, shall attest | 16 |
| that disclosure would violate federal or
State law or rules and | 17 |
| regulations pursuant to federal or State law or is a matter | 18 |
| covered
under Section 7 of the Freedom of Information Act. The | 19 |
| Board shall make its
decision on continued confidentiality
and, | 20 |
| if it so classifies the suggestion, shall notify the suggester | 21 |
| and
agency. A suggestion classified "continued confidential" | 22 |
| shall nevertheless
be evaluated and considered for award. A | 23 |
| suggestion that the
Board finds
or the suggester states or | 24 |
| implies constitutes a
disclosure of information
that the | 25 |
| suggester reasonably believes evidences (1) a violation
of any
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| law, rule, or regulation or (2) mismanagement, a gross waste of |
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| funds, an
abuse of authority, or a substantial and specific
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| danger to public health or safety may be referred to the | 3 |
| appropriate
investigatory or law enforcement agency for | 4 |
| consideration for investigation and
action. The identity of the | 5 |
| suggester may not be
disclosed without the consent of the | 6 |
| suggester during any
investigation of
the information and any | 7 |
| related matters. Such a suggestion shall also be
evaluated and | 8 |
| an award made when appropriate. That portion of Board
meetings | 9 |
| that involves the consideration of suggestions classified
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| "continued confidential" or being considered for that
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| classification shall
be closed meetings.
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| The Board may at its discretion make awards for those | 13 |
| suggestions
certified by agency or department heads as | 14 |
| resulting in savings to the
State of Illinois. Management | 15 |
| personnel shall be recognized for their
suggestions as the | 16 |
| Board considers appropriate but shall not receive any
monetary | 17 |
| award. Illinois residents, annuitants,
Annuitants and | 18 |
| employees, other than employees
who are management personnel,
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| shall receive
awards in accordance with the
schedule below. | 20 |
| Each award to employees other than management personnel
and | 21 |
| awards to residents and annuitants
shall be paid in one lump | 22 |
| sum by the Board
created in subsection (b). A monetary award | 23 |
| may be increased by
appropriation of
the General Assembly.
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| The amount of each award to employees other than management | 25 |
| personnel
and the award to annuitants and residents shall be | 26 |
| determined as follows:
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| 1 | | $1.00 to $5,000 savings ....................... |
an amount not |
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to exceed |
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$500.00 or a |
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certificate |
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of merit, or |
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both, as |
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determined |
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by the Board |
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9 | | more than $5,000 up to $20,000 savings ........ |
$500 award |
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10 | | more than $20,000 up to $100,000 savings ...... |
$1,000 award |
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11 | | more than $100,000 up to $200,000 savings ..... |
$2,000 award |
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12 | | more than $200,000 up to $300,000 savings ..... |
$3,000 award |
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13 | | more than $300,000 up to $400,000 savings ..... |
$4,000 award |
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14 | | more than $400,000 ............................ |
$5,000 award |
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| (b) There is created a State Government
Employees and | 16 |
| Retirees Suggestion Award Board
to administer the program | 17 |
| described in subsection (a). The Board shall consist
of 8 | 18 |
| members appointed 2 each by the President of the Senate, the | 19 |
| Minority
Leader of the Senate, the Speaker of the House of | 20 |
| Representatives, and
the Minority Leader of the House of
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| Representatives and, as ex-officio, non-voting members, the | 22 |
| directors of
the
Governor's Office of Management and Budget
and | 23 |
| the Department.
Each appointing authority shall designate one | 24 |
| initial appointee to serve
one year and one initial appointee | 25 |
| to serve 2 years; subsequent terms shall
be 2 years. Any | 26 |
| vacancies shall be filled for the
unexpired term by the |
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| original appointing authority and any member may be
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| reappointed. Board members shall serve without compensation | 3 |
| but may be
reimbursed for expenses incurred in the performance | 4 |
| of their duties. The
Board shall annually elect a chairman from | 5 |
| among its number, shall meet
monthly or more frequently at the | 6 |
| call of the chairman, and shall
establish necessary procedures, | 7 |
| guidelines, and criteria for the
administration of the program. | 8 |
| The Board shall annually report to the
General Assembly by | 9 |
| January 1 on the operation of the program, including
the nature | 10 |
| and cost-savings of implemented suggestions, and any
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| recommendations for legislative changes it deems appropriate.
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| The General Assembly shall make an annual appropriation to the | 13 |
| Board for
payment of awards and the expenses of the Board, such | 14 |
| as,
but not limited to: travel of the members, preparation of | 15 |
| publicity
material, printing of forms and other matter, and | 16 |
| contractual expenses.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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