Full Text of HB0728 100th General Assembly
HB0728 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0728 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 5 ILCS 120/2 | from Ch. 102, par. 42 | 50 ILCS 155/1 | | 50 ILCS 155/10 new | |
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Amends the Local Government Wage Increase Transparency Act. Changes the title of the Act to the Local Government Wage and Fee Transparency Act. Provides that for any attorney that has 2 or more clients that are units of local government, the attorney shall perform an annual audit of all: (1) fees and charges billed to, and paid by, each unit of local government client; (2) referral fees paid by the attorney to a person or business for the referral of a unit of local government to the attorney; and (3) referral fees paid to the attorney for referring a unit of local government to another attorney. Provides for filing and disclosure requirements of completed audits. Amends the Open Meetings Act making conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | 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 of the public body or legal counsel for
the | 23 | | public body, including hearing
testimony on a complaint |
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| 1 | | lodged against an employee of the public body or
against | 2 | | legal counsel for the public body to determine its | 3 | | validity. However, a meeting to consider an increase in | 4 | | compensation to a specific employee of a public body that | 5 | | is subject to Section 5 of the Local Government Wage and | 6 | | Fee Increase Transparency Act may not be closed and shall | 7 | | be open to the public and posted and held in accordance | 8 | | with this Act.
| 9 | | (2) Collective negotiating matters between the public | 10 | | body and its
employees or their representatives, or | 11 | | deliberations concerning salary
schedules for one or more | 12 | | classes of employees.
| 13 | | (3) The selection of a person to fill a public office,
| 14 | | as defined in this Act, including a vacancy in a public | 15 | | office, when the public
body is given power to appoint | 16 | | under law or ordinance, or the discipline,
performance or | 17 | | removal of the occupant of a public office, when the public | 18 | | body
is given power to remove the occupant under law or | 19 | | ordinance.
| 20 | | (4) Evidence or testimony presented in open hearing, or | 21 | | in closed
hearing where specifically authorized by law, to
| 22 | | a quasi-adjudicative body, as defined in this Act, provided | 23 | | that the body
prepares and makes available for public | 24 | | inspection a written decision
setting forth its | 25 | | determinative reasoning.
| 26 | | (5) The purchase or lease of real property for the use |
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| 1 | | of
the public body, including meetings held for the purpose | 2 | | of discussing
whether a particular parcel should be | 3 | | acquired.
| 4 | | (6) The setting of a price for sale or lease of | 5 | | property owned
by the public body.
| 6 | | (7) The sale or purchase of securities, investments, or | 7 | | investment
contracts. This exception shall not apply to the | 8 | | investment of assets or income of funds deposited into the | 9 | | Illinois Prepaid Tuition Trust Fund.
| 10 | | (8) Security procedures, school building safety and | 11 | | security, and the use of personnel and
equipment to respond | 12 | | to an actual, a threatened, or a reasonably
potential | 13 | | danger to the safety of employees, students, staff, the | 14 | | public, or
public
property.
| 15 | | (9) Student disciplinary cases.
| 16 | | (10) The placement of individual students in special | 17 | | education
programs and other matters relating to | 18 | | individual students.
| 19 | | (11) Litigation, when an action against, affecting or | 20 | | on behalf of the
particular public body has been filed and | 21 | | is pending before a court or
administrative tribunal, or | 22 | | when the public body finds that an action is
probable or | 23 | | imminent, in which case the basis for the finding shall be
| 24 | | recorded and entered into the minutes of the closed | 25 | | meeting.
| 26 | | (12) The establishment of reserves or settlement of |
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| 1 | | claims as provided
in the Local Governmental and | 2 | | Governmental Employees Tort Immunity Act, if
otherwise the | 3 | | disposition of a claim or potential claim might be
| 4 | | prejudiced, or the review or discussion of claims, loss or | 5 | | risk management
information, records, data, advice or | 6 | | communications from or with respect
to any insurer of the | 7 | | public body or any intergovernmental risk management
| 8 | | association or self insurance pool of which the public body | 9 | | is a member.
| 10 | | (13) Conciliation of complaints of discrimination in | 11 | | the sale or rental
of housing, when closed meetings are | 12 | | authorized by the law or ordinance
prescribing fair housing | 13 | | practices and creating a commission or
administrative | 14 | | agency for their enforcement.
| 15 | | (14) Informant sources, the hiring or assignment of | 16 | | undercover personnel
or equipment, or ongoing, prior or | 17 | | future criminal investigations, when
discussed by a public | 18 | | body with criminal investigatory responsibilities.
| 19 | | (15) Professional ethics or performance when | 20 | | considered by an advisory
body appointed to advise a | 21 | | licensing or regulatory agency on matters
germane to the | 22 | | advisory body's field of competence.
| 23 | | (16) Self evaluation, practices and procedures or | 24 | | professional ethics,
when meeting with a representative of | 25 | | a statewide association of which the
public body is a | 26 | | member.
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| 1 | | (17) The recruitment, credentialing, discipline or | 2 | | formal peer review
of physicians or other
health care | 3 | | professionals, or for the discussion of matters protected | 4 | | under the federal Patient Safety and Quality Improvement | 5 | | Act of 2005, and the regulations promulgated thereunder, | 6 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | 7 | | Health Insurance Portability and Accountability Act of | 8 | | 1996, and the regulations promulgated thereunder, | 9 | | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | 10 | | or
other institution providing medical care, that is | 11 | | operated by the public body.
| 12 | | (18) Deliberations for decisions of the Prisoner | 13 | | Review Board.
| 14 | | (19) Review or discussion of applications received | 15 | | under the
Experimental Organ Transplantation Procedures | 16 | | Act.
| 17 | | (20) The classification and discussion of matters | 18 | | classified as
confidential or continued confidential by | 19 | | the State Government Suggestion Award
Board.
| 20 | | (21) Discussion of minutes of meetings lawfully closed | 21 | | under this Act,
whether for purposes of approval by the | 22 | | body of the minutes or semi-annual
review of the minutes as | 23 | | mandated by Section 2.06.
| 24 | | (22) Deliberations for decisions of the State
| 25 | | Emergency Medical Services Disciplinary
Review Board.
| 26 | | (23) The operation by a municipality of a municipal |
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| 1 | | utility or the
operation of a
municipal power agency or | 2 | | municipal natural gas agency when the
discussion involves | 3 | | (i) contracts relating to the
purchase, sale, or delivery | 4 | | of electricity or natural gas or (ii) the results
or | 5 | | conclusions of load forecast studies.
| 6 | | (24) Meetings of a residential health care facility | 7 | | resident sexual
assault and death review
team or
the | 8 | | Executive
Council under the Abuse Prevention Review
Team | 9 | | Act.
| 10 | | (25) Meetings of an independent team of experts under | 11 | | Brian's Law. | 12 | | (26) Meetings of a mortality review team appointed | 13 | | under the Department of Juvenile Justice Mortality Review | 14 | | Team Act. | 15 | | (27) (Blank). | 16 | | (28) Correspondence and records (i) that may not be | 17 | | disclosed under Section 11-9 of the Illinois Public Aid | 18 | | Code or (ii) that pertain to appeals under Section 11-8 of | 19 | | the Illinois Public Aid Code. | 20 | | (29) Meetings between internal or external auditors | 21 | | and governmental audit committees, finance committees, and | 22 | | their equivalents, when the discussion involves internal | 23 | | control weaknesses, identification of potential fraud risk | 24 | | areas, known or suspected frauds, and fraud interviews | 25 | | conducted in accordance with generally accepted auditing | 26 | | standards of the United States of America. |
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| 1 | | (30) Those meetings or portions of meetings of a | 2 | | fatality review team or the Illinois Fatality Review Team | 3 | | Advisory Council during which a review of the death of an | 4 | | eligible adult in which abuse or neglect is suspected, | 5 | | alleged, or substantiated is conducted pursuant to Section | 6 | | 15 of the Adult Protective Services Act. | 7 | | (31) Meetings and deliberations for decisions of the | 8 | | Concealed Carry Licensing Review Board under the Firearm | 9 | | Concealed Carry Act. | 10 | | (32) Meetings between the Regional Transportation | 11 | | Authority Board and its Service Boards when the discussion | 12 | | involves review by the Regional Transportation Authority | 13 | | Board of employment contracts under Section 28d of the | 14 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 15 | | 3B.26 of the Regional Transportation Authority Act. | 16 | | (33) Those meetings or portions of meetings of the | 17 | | advisory committee and peer review subcommittee created | 18 | | under Section 320 of the Illinois Controlled Substances Act | 19 | | during which specific controlled substance prescriber, | 20 | | dispenser, or patient information is discussed. | 21 | | (d) Definitions. For purposes of this Section:
| 22 | | "Employee" means a person employed by a public body whose | 23 | | relationship
with the public body constitutes an | 24 | | employer-employee relationship under
the usual common law | 25 | | rules, and who is not an independent contractor.
| 26 | | "Public office" means a position created by or under the
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| 1 | | Constitution or laws of this State, the occupant of which is | 2 | | charged with
the exercise of some portion of the sovereign | 3 | | power of this State. The term
"public office" shall include | 4 | | members of the public body, but it shall not
include | 5 | | organizational positions filled by members thereof, whether
| 6 | | established by law or by a public body itself, that exist to | 7 | | assist the
body in the conduct of its business.
| 8 | | "Quasi-adjudicative body" means an administrative body | 9 | | charged by law or
ordinance with the responsibility to conduct | 10 | | hearings, receive evidence or
testimony and make | 11 | | determinations based
thereon, but does not include
local | 12 | | electoral boards when such bodies are considering petition | 13 | | challenges.
| 14 | | (e) Final action. No final action may be taken at a closed | 15 | | meeting.
Final action shall be preceded by a public recital of | 16 | | the nature of the
matter being considered and other information | 17 | | that will inform the
public of the business being conducted.
| 18 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 19 | | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; | 20 | | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; | 21 | | 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff. | 22 | | 1-1-17; revised 9-21-16.)
| 23 | | Section 10. The Local Government Wage Increase | 24 | | Transparency Act is amended by changing Section 1 and by adding | 25 | | Section 10 as follows: |
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| 1 | | (50 ILCS 155/1)
| 2 | | Sec. 1. Short title. This Act may be cited as the Local | 3 | | Government Wage and Fee Increase Transparency Act.
| 4 | | (Source: P.A. 99-646, eff. 7-28-16.) | 5 | | (50 ILCS 155/10 new) | 6 | | Sec. 10. Annual audits of unit of local government | 7 | | attorneys; disclosure. | 8 | | (a) For any attorney that has 2 or more clients that are | 9 | | units of local government, the attorney shall perform or have | 10 | | performed an annual audit of all: (1) fees and charges billed | 11 | | to, and paid by, each unit of local government client; (2) | 12 | | referral fees paid by the attorney to a person or business for | 13 | | the referral of a unit of local government to the attorney; and | 14 | | (3) referral fees paid to the attorney for referring a unit of | 15 | | local government to another attorney. | 16 | | (b) A copy of the completed audit for the previous calendar | 17 | | year shall be filed with the State Treasurer and the unit of | 18 | | local government no later than March 1st of every year. | 19 | | (c) A completed audit is a public record, as defined in | 20 | | Section 3 of the Local Records Act and Section 2 of the Freedom | 21 | | of Information Act, and the unit of local government shall be | 22 | | responsible for disposing of completed audits under the Local | 23 | | Records Act and disclosing completed audits under the Freedom | 24 | | of Information Act.
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