Illinois General Assembly - Full Text of HB0728
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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

    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.


LRB100 05951 AWJ 15978 b

 

 

A BILL FOR

 

HB0728LRB100 05951 AWJ 15978 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 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
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider 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
23relationship with the public body constitutes an
24employer-employee relationship under the usual common law
25rules, and who is not an independent contractor.
26    "Public office" means a position created by or under the

 

 

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1Constitution or laws of this State, the occupant of which is
2charged with the exercise of some portion of the sovereign
3power of this State. The term "public office" shall include
4members of the public body, but it shall not include
5organizational positions filled by members thereof, whether
6established by law or by a public body itself, that exist to
7assist the body in the conduct of its business.
8    "Quasi-adjudicative body" means an administrative body
9charged by law or ordinance with the responsibility to conduct
10hearings, receive evidence or testimony and make
11determinations based thereon, but does not include local
12electoral boards when such bodies are considering petition
13challenges.
14    (e) Final action. No final action may be taken at a closed
15meeting. Final action shall be preceded by a public recital of
16the nature of the matter being considered and other information
17that 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,
19eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
2099-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
2199-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
221-1-17; revised 9-21-16.)
 
23    Section 10. The Local Government Wage Increase
24Transparency Act is amended by changing Section 1 and by adding
25Section 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
3Government 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
7attorneys; disclosure.
8    (a) For any attorney that has 2 or more clients that are
9units of local government, the attorney shall perform or have
10performed an annual audit of all: (1) fees and charges billed
11to, and paid by, each unit of local government client; (2)
12referral fees paid by the attorney to a person or business for
13the referral of a unit of local government to the attorney; and
14(3) referral fees paid to the attorney for referring a unit of
15local government to another attorney.
16    (b) A copy of the completed audit for the previous calendar
17year shall be filed with the State Treasurer and the unit of
18local government no later than March 1st of every year.
19    (c) A completed audit is a public record, as defined in
20Section 3 of the Local Records Act and Section 2 of the Freedom
21of Information Act, and the unit of local government shall be
22responsible for disposing of completed audits under the Local
23Records Act and disclosing completed audits under the Freedom
24of Information Act.