Governor places amendatory veto on House Bill 3098
On February 8, 2002, Governor George H. Ryan returned House Bill 3098 to the General Assembly with his recommendations for change. House Bill 3098 amended the Open Meetings Act to require that the presiding officer of a closed meeting of a public body certify that the closed meeting discussion did not violate the provisions of the Illinois Open Meetings Act. The proposed amendment also provided a specific statutory form for the certification and required that the certification be made available for inspection and copying within seven working days after the meeting.
In placing his amendatory veto on the bill, the Governor proposed two changes to the legislation. First, House Bill 3098 as passed by the General Assembly amended section 2a of the Open Meetings Act (5 ILCS 120/2a (West 2000)) to provide that the presiding officer of a closed meeting "... shall certify in writing that, to the best of his or her knowledge and belief, no topic was discussed during the closed meeting or closed portion of the meeting in violation of this Act." The Governor's veto message indicates that he did not believe that House Bill 3098 "... address[ed] the scenario when a violation of the Illinois Open Meetings Act does occur ..." and the presiding officer refuses to sign the certification. The Governor stated "... [i]f a presiding officer believes a violation did occur, and refuses to sign the certification, he or she would be in violation of the law. He continued, "... [i]f, however, the presiding officer did sign the certification and the meeting did violate the Open Meetings Act, the officer would again be in violation of the law. Therefore, the Governor proposed a change "... to protect a presiding officer who acts in good faith by refusing to sign the certification making him or her personally liable. ..." Specifically, the Governor has recommended inserting the phrase "if it is the case" into the amendment to section 2a. The section would then read, in pertinent part:
... [a]fter the conclusion of a closed meeting ... the officer who presided over the closed meeting ... shall certify in writing if it is the case that, no topic was discussed during the closed meeting ... in violation of this Act.
Secondly, the enrolled version of House Bill 3098 required the presiding officer of a public body to certify that he or she understands section 2 of the Open Meetings Act. (5 ILCS 120/2 (West 2000).) Section 2 of the Open Meetings Act sets out twenty-three exceptions that allow a public body to conduct its meetings in closed session. It was the Governor's opinion that many of these exceptions are subject to legal interpretation. Because the presiding officer of a public body is "... seldom an attorney ...," the Governor recommended changing the certification required of the presiding officer to read:
I certify that I have read [rather than understand] section 2 of the Illinois Open Meetings Act and that to the best of my knowledge and belief no other topic was discussed during the closed meeting, or closed portion of the meeting, in violation of the Illinois Open Meetings Act.
House Bill 3098 has been returned to the House for consideration of the Governor's recommended changes. As this newsletter goes to print, the bill's sponsor has filed a motion to override the Governor's amendatory veto. Such action would require three-fifths approval by both chambers of the General Assembly.
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Editors' note: Under article 4, section 9 of the Illinois Constitution of 1970, the originating house of the Illinois General Assembly has 15 calendar days from the entry of the Governor's objections to a bill upon its journal, to act upon the Governor's veto by three-fifths vote. A motion to override the Governor's amendatory veto of House Bill 3098 was filed in the House on February 20, 2002. No vote was taken by that chamber within the prescribed period of time. Therefore, House Bill 3098 is considered to be dead.
By Patrick J. Hughes Jr., Springfield
The Task Force on Professional Practice1 in the Illinois Justice Systems was created by the Illinois legislature to examine the ability of Illinois' criminal and juvenile justice systems to dispense justice in a fair, equitable and just manner. In its May 12, 2000 report, the Task Force which was chaired and staffed by this Illinois State Bar Association made the following recommendation which it entitled Reducing the Burden of Student Loans:
Illinois should consider a tuition-waiver program or loan forgiveness program or both for lawyers who commit to public service in the criminal and juvenile justice systems, similar to programs offered to Illinois members of the National Guard.
Again, this year, legislation implementing this recommendation has been introduced in the Illinois House, HB 5599, entitled the Career Criminal Justice Attorney Education Expenses Repayment Act. For those eligible, the bill provides for a law school education expenses annual stipend in the amount of $3,500 (or the outstanding balance of the attorney's student loan, whichever is less) for up to five years. Additionally, an eligible attorney who has received five such annual stipends may receive an additional seven annual stipends in the amount of $5,000 or the outstanding balance of their law school loans, whichever is less. The Act defines an eligible attorney as one employed as a full-time assistant state's attorney; public defender; appellate defender; appellate prosecutor or attorney general. If eligible, to be accepted for the stipend, the attorney must be licensed in Illinois and agree to remain in their present employment for at least one year after the stipend's receipt. If the attorney resigns after receiving the stipend, 1/12 of it must be repaid for each month the attorney was no longer an eligible attorney.
Readers may also be interested in similar legislation introduced in the Illinois Senate, SB 1804, entitled the Judicial Law Clerk Benefit Act. This bill would create a Judicial Law Benefit Fund out of which the State of Illinois would pay a full-time Illinois Supreme, Appellate or Circuit Court judicial law clerk, who has higher education student loans to repay, up to $9,000 per year for not more than two years.
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Editors' note: As this issue of the newsletter went to print, HB 5599 had passed out of the House Higher Education Committee and was on second reading in the House. SB 1804 had been re-referred to the Senate Rules Committee.
1. Among the 19 members of the Task Force appointed by Illinois' executive, legislative and judicial branches and by other entities with expertise in the Illinois justice system was Paul A. Logli, the State's Attorney of Winnebago County since 1986 and a member of the Standing Committee on Government Lawyers since its inception.
The 92nd General Assembly re-convened in January, 2002, for the start of the second year of its two-year term. Since the General Assembly adjourned last summer, over 3,500 bills have been introduced. Because of timing issues relative to the publication of this newsletter, we are unable to provide summaries of only those pieces of legislation that are actually moving through the system. Thus, we offer a synopsis of those bills which we believe may be of general interest to the government bar and suggest that you check the status of a particular bill with either your office's own legislative contact people or the ISBA's Legislative Affairs Department.
HB 3641
Amends the School Code, various Acts relating to the governance of the public universities in Illinois, and the Public Community College Act. Prohibits a school district, university, or community college from providing student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards. Effective immediately.
HB 3642
Amends the Counties Code and the Election Code. Authorizes advisory referenda concerning (i) the number of members of the county board to be elected, (ii) whether the board members should be elected from single-member districts, multi-member districts, or at-large, or (iii) both. Provides that the advisory referenda may be initiated by an ordinance of the county board or by a petition containing the signatures of one percent of the registered voters of the county. Removes this type of advisory referenda from the general limit of three public questions per ballot. Effective immediately.
HB 3653
Amends the Open Meetings Act. Provides that tourism boards and convention or civic center boards (now tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000) are public bodies for purposes of the Act. Provides that a tourism board or a convention or civic center board may hold closed meetings to consider convention contracts or convention contract proposals.
HB 3682
Amends the Open Meetings Act. Allows closed meetings to consider security procedures with respect to dangers to private property (as well as public property) and to consider security procedures with respect to dangers to citizens. Amends the Freedom of Information Act to exempt from the Act's inspection and copying requirements utility, building, and construction-related information to the extent disclosure would compromise security.
HB 3717
Amends the Unified Code of Corrections. Permits the Department of State Police to require the submission of saliva or tissue specimens as well as blood specimens to the Department for analysis and categorizing into genetic marker groupings. Requires the specimens to be submitted by persons convicted or found guilty of an offense classified as a felony under Illinois law or found guilty or given supervision for such an offense under the Juvenile Court Act of 1987. Requires a person incarcerated in a Department of Corrections facility to submit the blood, saliva, or tissue specimens before his or her release on parole or mandatory supervised release, as a condition of that parole or mandatory supervised release. Effective immediately.
HB 3734
Amends the Public Funds Accounting Act. Authorizes the treasurer of any public or municipal corporation to use an electronic funds transfer as a method of disbursement. Effective immediately.
HB 3769
Amends the Illinois Municipal Code. Provides that if the city council or board of trustees fails to give its advice and consent to an appointment of a qualified person to the office of alderman or trustee prior to the 60th day after a vacancy occurs and if the mayor or president has nominated a minimum of two persons for appointment and each has failed to be confirmed, the mayor or president may make a temporary appointment from those persons who were nominated but failed to be confirmed. Provides that the person shall serve until an appointee has been nominated, confirmed, and qualified or until a person has been elected and qualified.
HB 3772
Amends the State Lawsuit Immunity Act. Provides that an employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the federal Age Discrimination in Employment Act of 1967, the federal Family and Medical Leave Act, or the federal Americans with Disabilities Act of 1990 may bring a civil action against the State for legal or equitable relief to effectuate the purposes of those Acts. Provides that an employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the federal Fair Labor Standards Act of 1938 may bring a civil action against the State for legal or equitable relief to effectuate the purposes of that Act.
HB 3795
Amends the Election Code. Provides that the State Board of Elections shall post on its World Wide Web site an Internet voters' guide containing candidate portraits and statements and explanatory statements of and arguments supporting and opposing public questions. Sets the requirements for material that may be included in the voters' guide. Provides for the review of material to be included in the guide. Provides that the Board may charge fees for the inclusion of material in the guide. Provides that a county may post on its World Wide Web site a county voters' guide for any regular election. Contains other provisions.
HB 3810
Amends the Election Code. Provides that persons serving as election judges may be absent from work after giving 20 days' written notice to their employers. Provides that an employer may not penalize an employee for an absence to serve as election judge other than a deduction in salary for the time the employee is absent from the place of employment. Exempts employers with fewer than 25 employees. Provides that an employer with 25 to 100 employees need not permit more than two employees to be absent on the same election day. Provides that employers with more than 100 employees shall not be required to permit more than three percent of the employees to be absent on the same election day to serve as election judges.
HB 3933
Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to provide that if a policy provides coverage for prescription drugs approved by the Food and Drug Administration for the treatment of impotency, then the policy must provide coverage for prescription drugs for the prevention of pregnancy.
HB 3938
Amends the School Code. Repeals provisions with regard to prohibiting the use or possession of any cellular radio telecommunication device by a pupil while the pupil is in a school building or on school property. Effective immediately.
HB 4078
Creates the Lawyers' Assistance Program Act and amends the State Finance Act. Authorizes the Illinois Supreme Court to enter into contracts or agreements with or make grants to non-profit entities to provide assistance to lawyers who are addicted, abuse alcohol or other substances, or are in need of mental health assistance. Requires the Attorney Registration and Disciplinary Commission to collect an annual fee from licensed attorneys in the amount of $7 or as set by Supreme Court rule. Creates a special fund in the State treasury for deposit of the fees and for payment for the lawyers' assistance program. Effective immediately.
HB 4098
Among other things, amends the State Appellate Defender Act. Provides that the State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information and assistance to persons eligible to have their arrest or criminal history record information ordered expunged, sealed or impounded. Provides that the State Appellate Defender shall develop brochures, pamphlets and other materials in printed form and through the agency's World Wide Web site that include at a minimum the following information: (1) an explanation of the State's expungement process; (2) the circumstances under which expungements may occur; (3) the criminal offenses that may be expunged; (4) the steps necessary to initiate and complete the expungement process; and (5) directions on how to contact the State Appellate Defender. Provides that the State Appellate Defender shall establish and maintain a statewide toll-free telephone number that a person may use to receive information or assistance concerning the expungement or sealing of arrest or criminal history record information. Provides that the State Appellate Defender shall compile a statewide list of volunteer attorneys willing to assist eligible individuals through the expungement process. Provides that the Program shall be implemented from funds appropriated to the State Appellate Defender for this purpose. Effective immediately.
HB 4203
Amends the Code of Criminal Procedure of 1963. Permits the admissibility of evidence in a criminal case of a statement made by a witness that narrates, describes, or explains a statement made by a defendant of which the witness had personal knowledge.
HB 4287
Amends the Counties Code. Provides that in a county with fewer than 2,000,000 inhabitants, certain contracts for services, materials, equipment, or supplies in excess of $20,000 (instead of $10,000) must be let by competitive bid.
HB 4292
Amends the Illinois Vehicle Code. Provides that a person who fails or refuses to comply with an officer's request to show proof insurance is guilty of a petty offense and shall be required to pay a fine of $25. Provides that the fine shall be in addition to any fine that may be imposed for operation of an uninsured motor vehicle.
HB 4337
Amends the Property Tax Code. Provides that a county supervisor of assessments who has served as a supervisor of assessments for 12 years or more is qualified to hold office if he or she has a Certified Illinois Assessing Official certificate from the Illinois Property Assessment Institute with a minimum of 360 additional hours of successfully completed courses approved by the Department of Revenue if at least 180 of the course hours required a written examination. Effective immediately.
HB 4354
Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that a local public entity may indemnify an employee or former employee for attorney's fees incurred in defending a claim or action instituted against the employee based on an injury allegedly arising out of an act or omission occurring within the scope of employment. Effective immediately.
HB 4397
Amends the Illinois Municipal Code. Provides that a municipality with 20,000 or more inhabitants may adopt, by ordinance or resolution, at least 180 days prior to the first municipal election following the municipality's receipt of the new federal decennial census results, the following number of aldermen: in cities exceeding 20,000 by not exceeding 50,000, 10 aldermen; exceeding 50,000 but not exceeding 70,000, 14 aldermen; exceeding 70,000 but not exceeding 90,000, 16 aldermen; and exceeding 90,000 but not exceeding 500,000, 18 aldermen. Provides that a municipality with at least 40,000 inhabitants but not more than 50,000 inhabitants may adopt, by either ordinance or resolution, at least 180 days prior to the first municipal election following the municipality's receipt of the new federal decennial census results, 16 aldermen. Effective immediately.
HB 4411
Amends the Open Meetings Act and the Freedom of Information Act. Permits a public body to hold a closed meeting to consider the subject of dangers to public safety. Exempts from inspection and copying requirements (i) a public body's records compiled for emergency and security procedures, to the extent disclosure would interfere with planning, training, and security, and (ii) plans related to the structure or operation of public buildings and power, water, and transportation facilities, to the extent disclosure would compromise public safety. In the Freedom of Information Act, includes transmission and distribution facilities among the facilities for which plans are exempt and includes within the exemption vulnerability and risk assessment plans for the security of public and private facilities. Includes vulnerability and risk assessment plans among a public body's public safety plans that are exempt from inspection and copying requirements. Effective immediately.
HB4897
Creates the Freedom to Be a Patriot Act. Provides that the display of the American flag may not be prohibited in buildings owned, leased, or controlled by the State.
HB 4938
Amends the State Records Act. Adds a legislative policy. Includes "digitized electronic material" and "databases" in the definition of "record". Exempts "blank forms" from the definition of "record." Removes the exemptions of "processed documents" and "reports of impaired physicians" from the definition of "record." Provides that records created or received by or coming under the authority of or coming into the custody, control, or possession of public officials are public property and may not be destroyed except as provided by law and must be available for public inspection. Deletes the provision that the person in charge of records may require a 24-hour notice before inspection. Deletes the provision allowing access through an affidavit to information that is not defined as "public records" but that is open to the public. Provides requirements for storing electronic records. Provides that the State Archives Board shall also serve as the Illinois State Historical Records Advisory Board and provides requirements for the Board. Repeals Sections concerning the confidentially of foster placement records, arrests, penalties, and agency procedures for record destruction. Makes other changes. Effective immediately.
HB 4976
Amends the Counties Code. Provides that a county board may by ordinance impose and collect an increase in any statutorily authorized fee when justified by an acceptable cost study showing that the current fee is not sufficient to cover the cost of providing the service. Provides that the county board must prepare a statement of the costs of providing each service and that all documents in support of the increase are subject to public audit and inspec