Full Text of HB5684 99th General Assembly
HB5684ham002 99TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 4/19/2016
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| 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 1. Short title. This Act may be cited as the Local | 5 | | Government Wage Increase Transparency Act . | 6 | | Section 5. Disclosure of certain wage increases made to | 7 | | employees under Article 7 of the Illinois Pension Code. | 8 | | (a) This Section applies only to a participating employee | 9 | | under Article 7 of the Illinois Pension Code (IMRF) who began | 10 | | participation before January 1, 2011 and who is not subject to | 11 | | a collective bargaining agreement with respect to the | 12 | | employment upon which the participation is based. | 13 | | (b) The definitions in Article 7 of the Illinois Pension | 14 | | Code also apply to this Section. | 15 | | As used in this Section, "disclosable payment" means a | 16 | | payment, whether in the form of an increase in the rate of |
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| 1 | | earnings or a lump-sum payment (other than a lump-sum payment | 2 | | authorized under Article 7 that compensates the employee for | 3 | | unused vacation or other benefits remaining at the time of | 4 | | withdrawal from service), that: | 5 | | (1) would be made by a participating employer to a | 6 | | participating employee after the employee has expressed to | 7 | | the employer his or her intent to retire or withdraw from | 8 | | service; | 9 | | (2) would have the effect of increasing the employee's | 10 | | reportable monthly earnings from that employer by more than | 11 | | 6% compared to the previous month; and | 12 | | (3) would be made between 12 months and 90 days prior | 13 | | to the employee's expected termination of service. | 14 | | However, "disclosable payment" does not include a refund of | 15 | | contributions or any payment required to be paid by State or | 16 | | federal law. | 17 | | (c) A disclosable payment shall not be made or payable | 18 | | unless the governing body of that participating employer has | 19 | | first discussed the specific payment to be made at a meeting | 20 | | open to the public and posted and held in accordance with the | 21 | | requirements of the Open Meetings Act. At the meeting, the | 22 | | governing body shall, at a minimum, disclose (1) the identity | 23 | | of the employee, (2) the purpose and amount of the increase or | 24 | | payment, (3) the proposed retirement date, (4) the effect of | 25 | | the payment upon the expected retirement annuity of the | 26 | | employee, and (5) the effect of the payment upon the liability |
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| 1 | | of the employer to the Article 7 Fund. | 2 | | (d) The determination of whether the disclosable payment is | 3 | | permissible under this Section shall rest exclusively with the | 4 | | employer. | 5 | | (e) A participating employer may not make a disclosable | 6 | | payment to an employee in a manner inconsistent with this | 7 | | Section. This Section is a denial and limitation of home rule | 8 | | powers and functions under subsection (h) of Section 6 of | 9 | | Article VII of the Illinois Constitution. | 10 | | Section 90. The Open Meetings Act is amended by changing | 11 | | Section 2 as follows:
| 12 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 13 | | Sec. 2. Open meetings.
| 14 | | (a) Openness required. All meetings of public
bodies shall | 15 | | be open to the public unless excepted in subsection (c)
and | 16 | | closed in accordance with Section 2a.
| 17 | | (b) Construction of exceptions. The exceptions contained | 18 | | in subsection
(c) are in derogation of the requirement that | 19 | | public bodies
meet in the open, and therefore, the exceptions | 20 | | are to be strictly
construed, extending only to subjects | 21 | | clearly within their scope.
The exceptions authorize but do not | 22 | | require the holding of
a closed meeting to discuss a subject | 23 | | included within an enumerated exception.
| 24 | | (c) Exceptions. A public body may hold closed meetings to |
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| 1 | | consider the
following subjects:
| 2 | | (1) The appointment, employment, compensation, | 3 | | discipline, performance,
or dismissal of specific | 4 | | employees of the public body or legal counsel for
the | 5 | | public body, including hearing
testimony on a complaint | 6 | | lodged against an employee 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 public | 22 | | body
is given power to remove the occupant under law or | 23 | | ordinance.
| 24 | | (4) Evidence or testimony presented in open hearing, or | 25 | | in closed
hearing where specifically authorized by law, to
| 26 | | a quasi-adjudicative body, as defined in this Act, provided |
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| 1 | | that the body
prepares and makes available for public | 2 | | 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 purpose | 6 | | of discussing
whether a particular parcel should be | 7 | | 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, or | 11 | | investment
contracts. This exception shall not apply to the | 12 | | investment of assets or income of funds deposited into the | 13 | | Illinois Prepaid Tuition Trust Fund.
| 14 | | (8) Security procedures, school building safety and | 15 | | security, and the use of personnel and
equipment to respond | 16 | | to an actual, a threatened, or a reasonably
potential | 17 | | danger to the safety of employees, students, staff, the | 18 | | public, or
public
property.
| 19 | | (9) Student disciplinary cases.
| 20 | | (10) The placement of individual students in special | 21 | | education
programs and other matters relating to | 22 | | individual students.
| 23 | | (11) Litigation, when an action against, affecting or | 24 | | on behalf of the
particular public body has been filed and | 25 | | is pending before a court or
administrative tribunal, or | 26 | | when the public body finds that an action is
probable or |
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| 1 | | imminent, in which case the basis for the finding shall be
| 2 | | recorded and entered into the minutes of the closed | 3 | | meeting.
| 4 | | (12) The establishment of reserves or settlement of | 5 | | claims as provided
in the Local Governmental and | 6 | | Governmental Employees Tort Immunity Act, if
otherwise the | 7 | | disposition of a claim or potential claim might be
| 8 | | prejudiced, or the review or discussion of claims, loss or | 9 | | risk management
information, records, data, advice or | 10 | | communications from or with respect
to any insurer of the | 11 | | public body or any intergovernmental risk management
| 12 | | association or self insurance pool of which the public body | 13 | | is a member.
| 14 | | (13) Conciliation of complaints of discrimination in | 15 | | the sale or rental
of housing, when closed meetings are | 16 | | authorized by the law or ordinance
prescribing fair housing | 17 | | practices and creating a commission or
administrative | 18 | | agency for their enforcement.
| 19 | | (14) Informant sources, the hiring or assignment of | 20 | | undercover personnel
or equipment, or ongoing, prior or | 21 | | future criminal investigations, when
discussed by a public | 22 | | body with criminal investigatory responsibilities.
| 23 | | (15) Professional ethics or performance when | 24 | | considered by an advisory
body appointed to advise a | 25 | | licensing or regulatory agency on matters
germane to the | 26 | | advisory body's field of competence.
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| 1 | | (16) Self evaluation, practices and procedures or | 2 | | professional ethics,
when meeting with a representative of | 3 | | a statewide association of which the
public body is a | 4 | | member.
| 5 | | (17) The recruitment, credentialing, discipline or | 6 | | formal peer review
of physicians or other
health care | 7 | | professionals for a hospital, or
other institution | 8 | | providing medical care, that is operated by the public | 9 | | body.
| 10 | | (18) Deliberations for decisions of the Prisoner | 11 | | Review Board.
| 12 | | (19) Review or discussion of applications received | 13 | | under the
Experimental Organ Transplantation Procedures | 14 | | Act.
| 15 | | (20) The classification and discussion of matters | 16 | | classified as
confidential or continued confidential by | 17 | | the State Government Suggestion Award
Board.
| 18 | | (21) Discussion of minutes of meetings lawfully closed | 19 | | under this Act,
whether for purposes of approval by the | 20 | | body of the minutes or semi-annual
review of the minutes as | 21 | | mandated by Section 2.06.
| 22 | | (22) Deliberations for decisions of the State
| 23 | | Emergency Medical Services Disciplinary
Review Board.
| 24 | | (23) The operation by a municipality of a municipal | 25 | | utility or the
operation of a
municipal power agency or | 26 | | municipal natural gas agency when the
discussion involves |
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| 1 | | (i) contracts relating to the
purchase, sale, or delivery | 2 | | of electricity or natural gas or (ii) the results
or | 3 | | conclusions of load forecast studies.
| 4 | | (24) Meetings of a residential health care facility | 5 | | resident sexual
assault and death review
team or
the | 6 | | Executive
Council under the Abuse Prevention Review
Team | 7 | | Act.
| 8 | | (25) Meetings of an independent team of experts under | 9 | | Brian's Law. | 10 | | (26) Meetings of a mortality review team appointed | 11 | | under the Department of Juvenile Justice Mortality Review | 12 | | Team Act. | 13 | | (27) (Blank). | 14 | | (28) Correspondence and records (i) that may not be | 15 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 16 | | that pertain to appeals under Section 11-8 of the Public | 17 | | Aid Code. | 18 | | (29) Meetings between internal or external auditors | 19 | | and governmental audit committees, finance committees, and | 20 | | their equivalents, when the discussion involves internal | 21 | | control weaknesses, identification of potential fraud risk | 22 | | areas, known or suspected frauds, and fraud interviews | 23 | | conducted in accordance with generally accepted auditing | 24 | | standards of the United States of America. | 25 | | (30) Those meetings or portions of meetings of a | 26 | | fatality review team or the Illinois Fatality Review Team |
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| 1 | | Advisory Council during which a review of the death of an | 2 | | eligible adult in which abuse or neglect is suspected, | 3 | | alleged, or substantiated is conducted pursuant to Section | 4 | | 15 of the Adult Protective Services Act. | 5 | | (31) Meetings and deliberations for decisions of the | 6 | | Concealed Carry Licensing Review Board under the Firearm | 7 | | Concealed Carry Act. | 8 | | (32) Meetings between the Regional Transportation | 9 | | Authority Board and its Service Boards when the discussion | 10 | | involves review by the Regional Transportation Authority | 11 | | Board of employment contracts under Section 28d of the | 12 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 13 | | 3B.26 of the Regional Transportation Authority Act. | 14 | | (33) Those meetings meeting or portions of meetings of | 15 | | the advisory committee and peer review subcommittee | 16 | | created under Section 320 of the Illinois Controlled | 17 | | Substances Act during which specific controlled substance | 18 | | prescriber, dispenser, or patient information is | 19 | | discussed. | 20 | | (d) Definitions. For purposes of this Section:
| 21 | | "Employee" means a person employed by a public body whose | 22 | | relationship
with the public body constitutes an | 23 | | employer-employee relationship under
the usual common law | 24 | | rules, and who is not an independent contractor.
| 25 | | "Public office" means a position created by or under the
| 26 | | Constitution or laws of this State, the occupant of which is |
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| 1 | | charged with
the exercise of some portion of the sovereign | 2 | | power of this State. The term
"public office" shall include | 3 | | members of the public body, but it shall not
include | 4 | | organizational positions filled by members thereof, whether
| 5 | | established by law or by a public body itself, that exist to | 6 | | assist the
body in the conduct of its business.
| 7 | | "Quasi-adjudicative body" means an administrative body | 8 | | charged by law or
ordinance with the responsibility to conduct | 9 | | hearings, receive evidence or
testimony and make | 10 | | determinations based
thereon, but does not include
local | 11 | | electoral boards when such bodies are considering petition | 12 | | challenges.
| 13 | | (e) Final action. No final action may be taken at a closed | 14 | | meeting.
Final action shall be preceded by a public recital of | 15 | | the nature of the
matter being considered and other information | 16 | | that will inform the
public of the business being conducted.
| 17 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 18 | | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; | 19 | | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; | 20 | | revised 10-14-15.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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