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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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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 |
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| 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 |
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| be open to the public unless excepted in subsection (c)
and |
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| closed in accordance with Section 2a.
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| (b) Construction of exceptions. The exceptions contained |
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| in subsection
(c) are in derogation of the requirement that |
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| public bodies
meet in the open, and therefore, the exceptions |
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| are to be strictly
construed, extending only to subjects |
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| clearly within their scope.
The exceptions authorize but do not |
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| require the holding of
a closed meeting to discuss a subject |
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| included within an enumerated exception.
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| (c) Exceptions. A public body may hold closed meetings to |
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| consider the
following subjects:
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| (1) The appointment, employment, compensation, |
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| discipline, performance,
or dismissal of specific |
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| employees of the public body or legal counsel for
the |
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| public body, including hearing
testimony on a complaint |
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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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| lodged against an employee of the public body or
against |
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| legal counsel for the public body to determine its |
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| validity.
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| (2) Collective negotiating matters between the public |
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| body and its
employees or their representatives, or |
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| deliberations concerning salary
schedules for one or more |
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| 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 |
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| office, when the public
body is given power to appoint |
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| under law or ordinance, or the discipline,
performance or |
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| removal of the occupant of a public office, when the public |
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| body
is given power to remove the occupant under law or |
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| ordinance.
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| (4) Evidence or testimony presented in open hearing, or |
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| in closed
hearing where specifically authorized by law, to
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| a quasi-adjudicative body, as defined in this Act, provided |
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| that the body
prepares and makes available for public |
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| inspection a written decision
setting forth its |
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| determinative reasoning.
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| (5) The purchase or lease of real property for the use |
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| of
the public body, including meetings held for the purpose |
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| of discussing
whether a particular parcel should be |
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| acquired.
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| (6) The setting of a price for sale or lease of |
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| property owned
by the public body.
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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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| (7) The sale or purchase of securities, investments, or |
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| 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 |
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| reasonably
potential danger to the safety of employees, |
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| 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 |
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| education
programs and other matters relating to |
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| individual students.
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| (11) Litigation, when an action against, affecting or |
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| on behalf of the
particular public body has been filed and |
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| is pending before a court or
administrative tribunal, or |
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| when the public body finds that an action is
probable or |
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| imminent, in which case the basis for the finding shall be
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| recorded and entered into the minutes of the closed |
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| meeting.
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| (12) The establishment of reserves or settlement of |
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| claims as provided
in the Local Governmental and |
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| Governmental Employees Tort Immunity Act, if
otherwise the |
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| disposition of a claim or potential claim might be
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| prejudiced, or the review or discussion of claims, loss or |
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| risk management
information, records, data, advice or |
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| communications from or with respect
to any insurer of the |
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| 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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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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| is a member.
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| (13) Conciliation of complaints of discrimination in |
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| the sale or rental
of housing, when closed meetings are |
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| authorized by the law or ordinance
prescribing fair housing |
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| practices and creating a commission or
administrative |
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| agency for their enforcement.
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| (14) Informant sources, the hiring or assignment of |
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| undercover personnel
or equipment, or ongoing, prior or |
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| future criminal investigations, when
discussed by a public |
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| body with criminal investigatory responsibilities.
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| (15) Professional ethics or performance when |
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| considered by an advisory
body appointed to advise a |
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| licensing or regulatory agency on matters
germane to the |
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| advisory body's field of competence.
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| (16) Self evaluation, practices and procedures or |
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| professional ethics,
when meeting with a representative of |
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| a statewide association of which the
public body is a |
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| member.
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| (17) The recruitment, credentialing, discipline or |
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| formal peer review
of physicians or other
health care |
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| professionals for a hospital, or
other institution |
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| providing medical care, that is operated by the public |
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| body.
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| (18) Deliberations for decisions of the Prisoner |
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| Review Board.
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| (19) Review or discussion of applications received |
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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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| under the
Experimental Organ Transplantation Procedures |
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| Act.
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| (20) The classification and discussion of matters |
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| classified as
confidential or continued confidential by |
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| the State Government
Employees Suggestion Award
Board.
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| (21) Discussion of minutes of meetings lawfully closed |
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| under this Act,
whether for purposes of approval by the |
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| body of the minutes or semi-annual
review of the minutes as |
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| 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 |
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| utility or the
operation of a
municipal power agency or |
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| municipal natural gas agency when the
discussion involves |
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| (i) contracts relating to the
purchase, sale, or delivery |
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| of electricity or natural gas or (ii) the results
or |
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| conclusions of load forecast studies.
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| (24) Meetings of a residential health care facility |
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| resident sexual
assault and death review
team or
the |
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| Executive
Council under the Abuse Prevention Review
Team |
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| 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 |
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| relationship
with the public body constitutes an |
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| employer-employee relationship under
the usual common law |
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| rules, and who is not an independent contractor.
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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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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 |
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| charged with
the exercise of some portion of the sovereign |
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| power of this State. The term
"public office" shall include |
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| members of the public body, but it shall not
include |
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| organizational positions filled by members thereof, whether
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| established by law or by a public body itself, that exist to |
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| assist the
body in the conduct of its business.
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| "Quasi-adjudicative body" means an administrative body |
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| charged by law or
ordinance with the responsibility to conduct |
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| hearings, receive evidence or
testimony and make |
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| determinations based
thereon, but does not include
local |
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| electoral boards when such bodies are considering petition |
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| challenges.
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| (e) Final action. No final action may be taken at a closed |
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| meeting.
Final action shall be preceded by a public recital of |
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| the nature of the
matter being considered and other information |
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| 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, |
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| 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 |
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| 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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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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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 |
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| appropriation line
item for the State agency involved. The term |
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| "reserve" for the purposes of
this Section means that such |
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| funds shall not be expended nor obligated for
the fiscal year |
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| 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 |
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| Law of the
Civil Administrative Code of Illinois is amended by |
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| 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 |
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| Program, to be administered
by the Board
created in subsection |
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| (b). The program shall encourage and reward
improvements in the |
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| operation of State government that result in
substantial |
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| monetary savings. Any Illinois resident, any State employee, |
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| 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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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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| retirement or
disability retirement annuity, but not including |
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| elected officials and
departmental directors, may submit a |
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| cost-saving suggestion
to the Board, which shall
direct the |
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| suggestion to the appropriate department or agency without
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| disclosing the identity of the suggester. A suggester may make |
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| a
suggestion or include documentation on matters a department |
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| or agency
considers confidential, except where prohibited by |
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| federal or State law;
and no disciplinary or other negative |
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| action may be taken against the
suggester unless there is a |
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| violation of federal or State law.
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| Suggestions, including documentation, upon receipt, shall |
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| be given
confidential treatment and shall not be subject to |
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| subpoena or be
made
public until the agency affected by it has |
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| had the opportunity to request
continued confidentiality. The |
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| agency, if it requests continued
confidentiality, shall attest |
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| that disclosure would violate federal or
State law or rules and |
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| regulations pursuant to federal or State law or is a matter |
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| covered
under Section 7 of the Freedom of Information Act. The |
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| Board shall make its
decision on continued confidentiality
and, |
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| if it so classifies the suggestion, shall notify the suggester |
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| and
agency. A suggestion classified "continued confidential" |
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| shall nevertheless
be evaluated and considered for award. A |
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| suggestion that the
Board finds
or the suggester states or |
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| implies constitutes a
disclosure of information
that the |
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| 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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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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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 |
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| appropriate
investigatory or law enforcement agency for |
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| consideration for investigation and
action. The identity of the |
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| suggester may not be
disclosed without the consent of the |
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| suggester during any
investigation of
the information and any |
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| related matters. Such a suggestion shall also be
evaluated and |
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| an award made when appropriate. That portion of Board
meetings |
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| 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 |
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| suggestions
certified by agency or department heads as |
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| resulting in savings to the
State of Illinois. Management |
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| personnel shall be recognized for their
suggestions as the |
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| Board considers appropriate but shall not receive any
monetary |
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| award. Illinois residents, annuitants,
Annuitants and |
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| employees, other than employees
who are management personnel,
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| shall receive
awards in accordance with the
schedule below. |
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| Each award to employees other than management personnel
and |
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| awards to residents and annuitants
shall be paid in one lump |
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| sum by the Board
created in subsection (b). A monetary award |
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| may be increased by
appropriation of
the General Assembly.
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| The amount of each award to employees other than management |
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| personnel
and the award to annuitants and residents shall be |
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| determined as follows:
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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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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 |
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| Retirees Suggestion Award Board
to administer the program |
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| described in subsection (a). The Board shall consist
of 8 |
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| members appointed 2 each by the President of the Senate, the |
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| Minority
Leader of the Senate, the Speaker of the House of |
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| Representatives, and
the Minority Leader of the House of
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| Representatives and, as ex-officio, non-voting members, the |
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| directors of
the
Governor's Office of Management and Budget
and |
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| the Department.
Each appointing authority shall designate one |
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| initial appointee to serve
one year and one initial appointee |
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| to serve 2 years; subsequent terms shall
be 2 years. Any |
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| vacancies shall be filled for the
unexpired term by the |
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HB0028 Enrolled |
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LRB095 03437 JAM 23441 b |
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| original appointing authority and any member may be
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| reappointed. Board members shall serve without compensation |
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| but may be
reimbursed for expenses incurred in the performance |
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| of their duties. The
Board shall annually elect a chairman from |
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| among its number, shall meet
monthly or more frequently at the |
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| call of the chairman, and shall
establish necessary procedures, |
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| guidelines, and criteria for the
administration of the program. |
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| The Board shall annually report to the
General Assembly by |
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| January 1 on the operation of the program, including
the nature |
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| 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 |
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| Board for
payment of awards and the expenses of the Board, such |
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| as,
but not limited to: travel of the members, preparation of |
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| publicity
material, printing of forms and other matter, and |
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| contractual expenses.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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