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Public Act 095-0185


 

Public Act 0185 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0185
 
HB0028 Enrolled LRB095 03437 JAM 23441 b

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

Effective Date: 1/1/2008