Bill Text: IL HB0438 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Local Government Bankruptcy Neutral Evaluation Act. Makes legislative findings. Defines terms. Authorizes a local public entity to initiate a neutral evaluation process if that entity is unable to meet its financial obligations. Provides for the selection and qualification of an evaluator, the evaluation process, cessation of an evaluation, declaration of a fiscal emergency, and definition of liabilities. Provides that records prepared for or used in connection with the Local Government Bankruptcy Neutral Evaluation Act are exempt from disclosure. Amends the Open Meetings Act. Provides that a public body may hold closed meetings related to the Local Government Bankruptcy Neutral Evaluation Act. Amends the Freedom of Information Act. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0438 Detail]

Download: Illinois-2017-HB0438-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0438 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7.5
Creates the Local Government Bankruptcy Neutral Evaluation Act. Makes legislative findings. Defines terms. Authorizes a local public entity to initiate a neutral evaluation process if that entity is unable to meet its financial obligations. Provides for the selection and qualification of an evaluator, the evaluation process, cessation of an evaluation, declaration of a fiscal emergency, and definition of liabilities. Provides that records prepared for or used in connection with the Local Government Bankruptcy Neutral Evaluation Act are exempt from disclosure. Amends the Open Meetings Act. Provides that a public body may hold closed meetings related to the Local Government Bankruptcy Neutral Evaluation Act. Amends the Freedom of Information Act. Makes conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB0438 LRB100 05396 AWJ 15407 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Local
Government Bankruptcy Neutral Evaluation Act.
Section 3. Findings. Filing for Chapter 9 can reduce
service levels to the taxpayers and residents of a local public
entity. In some circumstances, it can have major short- and
long-term fiscal consequences for the entity, the surrounding
entities, and the State. Filing for bankruptcy protection under
Chapter 9 should be considered a last resort, to be instituted
only after other reasonable efforts have been made to avoid a
bankruptcy filing or otherwise appropriately plan for it. It is
in the interest of the State, units of local government, and
the public that local governmental entities have sufficiently
sound financial capacity to provide required services to the
public during any restructuring or financial reorganization
process. Furthermore, it is in the best interest of the public,
the State, and local governmental entities that employees,
trade creditors, bondholders, and other interest-holders be
included in an appropriate restructuring process and have an
adequate understanding of the financial capacity of local
governmental entities and their obligations, as a clear

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understanding of both is necessary for any restructuring or
reorganization process.
To the extent financial relief granted through Chapter 9
can affect debt service payments, the bondholders have a direct
interest in the Chapter 9 process, particularly prior to
filing. Therefore, it is important for those parties to be able
to participate in a prefiling confidential neutral evaluation
process that could assist parties in reaching a settlement and
avoiding a bankruptcy filing or otherwise lead to a
pre-negotiated consensual plan of readjustment as clearly
contemplated by subsection (c) of Section 109 of Title 11 of
the United States Code.
To the extent financial relief granted through Chapter 9
could affect public employee compensation, employees have a
direct interest in the Chapter 9 process, particularly prior to
filing. Therefore, it is important for those parties to be able
to participate in a prefiling confidential neutral evaluation
process that could assist parties in reaching a settlement or
otherwise lead to a pre-negotiated, consensual plan of
adjustment and avoid a Chapter 9 filing.
Given the connection between State allocations and local
budgets, the State has a role in assisting local public
entities to address potential insolvency with the goal of
averting bankruptcy filings where possible and providing a
process designed to make the debt restructuring process in or
outside of a Chapter 9 bankruptcy as cost effective and

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efficient as possible for all participants.
Illinois taxpayers who rely on public safety, senior,
recreational, health, library, and other public services, as
well as those who own and operate businesses in our
communities, deserve every reasonable and appropriate effort
that State and local government can make to avoid adverse
consequences of Chapter 9 bankruptcy filings, particularly
where a neutral evaluation may lead to the avoidance of Chapter
9 filing by an out-of-court resolution of outstanding
obligations and disputes.
Resolving local and State business and financial issues in
a timely, fair, and cost-effective manner is an integral part
of a successful government and is in the public interest. It
has long been recognized that alternative dispute resolution
proceedings, like a neutral evaluation, offer an economical,
discreet, and expeditious way to resolve potentially
devastating situations.
Through the neutral evaluation process, the neutral
evaluator, a specially trained, neutral third party, can assist
the local public entity and its creditors and stakeholders to
fully explore alternatives, while allowing the interested
parties to exchange information in a confidential environment
with the assistance and supervision of a neutral evaluator to
determine whether the entity's contractual and financial
obligations can be renegotiated on a consensual basis.

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Section 5. Eligibility. A local public entity in this State
may file a petition and exercise powers pursuant to applicable
federal bankruptcy law if either of the following apply: (i)
pursuant to Section 15 of this Act, a neutral evaluation
process has been initiated by the local public entity and has
ended, or (ii) the local public entity declares a fiscal
emergency and adopts a resolution by a majority vote of the
governing board pursuant to Section 20 of this Act.
Section 10. Definitions. As used in this Act the following
terms mean:
"Chapter 9" means Chapter 9 of Title 11 of the United
States Code.
"Creditor" means either of the following:
A person or entity that has a noncontingent claim
against a local public entity that arose at the time of or
before the commencement of the neutral evaluation process
and whose claim represents at least $5,000,000 or comprises
more than 5% of the local public entity's debt or
obligations, whichever is less.
A person or entity that would have a noncontingent
claim against the local public entity upon the rejection of
an executory contract or unexpired lease in a Chapter 9
case and whose claim would represent at least $5,000,000 or
comprises more than 5% of the local public entity's debt or
obligations, whichever is less.

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"Debtor" means a local public entity that may file for
bankruptcy under Chapter 9.
"Good faith" means participation by a party in the neutral
evaluation process with the intent to negotiate toward a
resolution of the issues that are the subject of the neutral
evaluation process, including the timely provision of complete
and accurate information to provide the relevant parties
through the neutral evaluation process with sufficient
information, in a confidential manner, to negotiate the
readjustment of the local public entity's debt.
"Interested party" means a trustee, a committee of
creditors, an affected creditor, an indenture trustee, a
pension fund, a bondholder, a union that, under its collective
bargaining agreements, has standing to initiate contract or
debt restructuring negotiations with the local public entity,
or a representative selected by an association of retired
employees of the public entity who receive income from the
public entity convening the neutral evaluation. A local public
entity may invite holders of contingent claims to participate
as interested parties in the neutral evaluation if the local
public entity determines that the contingency is likely to
occur and the claim may represent $5,000,000 or comprise more
than 5% of the local public entity's debt or obligations,
whichever is less.
"Local public entity" means any county, municipality,
township, special district, public authority, public agency,

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unit of local government, school district, or any other entity
that is a political subdivision or public agency or
instrumentality of the State, or that qualifies as a debtor
under any other federal bankruptcy law applicable to local
public entities.
"Local public entity representative" means the person or
persons designated by the local public entity with authority to
make recommendations and to attend the neutral evaluation on
behalf of the governing body of the local public entity.
"Neutral evaluation" is a form of non-binding alternative
dispute resolution.
Section 15. Neutral evaluation process.
(a) A local public entity may initiate the neutral
evaluation process if the local public entity is or likely will
become unable to meet its financial obligations as and when
those obligations are due or become due and owing. The local
public entity shall initiate the neutral evaluation by
providing notice by certified mail of a request for neutral
evaluation to interested parties, as defined in Section 10 of
this Act.
(b) Interested parties shall respond within 10 business
days after receipt of notice of the local public entity's
request for neutral evaluation.
(c) The local public entity and the interested parties
agreeing to participate in the neutral evaluation shall,

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through a mutually agreed upon process, select the neutral
evaluator to oversee the neutral evaluation process and
facilitate all discussions in an effort to resolve their
disputes.
If the local public entity and interested parties fail to
agree on a neutral evaluator within 7 days after the interested
parties have responded to the notification sent by the public
entity, the public entity shall select 5 qualified neutral
evaluators and provide their names, references, and
backgrounds to the participating interested parties. Within 3
business days, a majority of participating interested parties
may strike up to 4 names from the list. If a majority of
participating interested parties strikes 4 names, the
remaining candidate shall be the neutral evaluator. If the
majority of participating parties strikes fewer than 4 names,
the local public entity may choose which of the remaining
candidates shall be the neutral evaluator.
(d) A neutral evaluator shall have experience and training
in conflict resolution and alternative dispute resolution and
shall meet at least one of the following qualifications:
(1) at least 10 years of high-level business or legal
practice involving bankruptcy or service as a United States
Bankruptcy Judge; or
(2) professional experience or training in local
government finance and one or more of the following areas:
local government organization, local government debt

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restructuring, local government finances dispute
resolution, Chapter 9 bankruptcy, public finance,
taxation, Illinois Constitutional law, Illinois labor law,
or federal labor law.
(e) The neutral evaluator shall be impartial, objective,
independent, and free from prejudice. The neutral evaluator
shall not act with partiality or prejudice based on any
participant's personal characteristics, background, values or
beliefs, or performance during the neutral evaluation process.
(f) The neutral evaluator shall avoid a conflict of
interest or the appearance of a conflict of interest during the
neutral evaluation process. The neutral evaluator shall make a
reasonable inquiry to determine whether there are any facts
that a reasonable individual would consider likely to create a
potential or actual conflict of interest. Notwithstanding
subsection (n) of this Section, if the neutral evaluator is
informed of the existence of any facts that a reasonable
individual would consider likely to create a potential or
actual conflict of interest, the neutral evaluator shall
disclose these facts in writing to the local public entity and
all interested parties involved in the neutral evaluation. If
any party to the neutral evaluation objects to the neutral
evaluator, that party shall notify all other parties to the
neutral evaluation, including the neutral evaluator, within 15
days after receipt of the notice from the neutral evaluator,
and the neutral evaluator shall withdraw and a new neutral

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evaluator shall be selected pursuant to subsections (c) and (d)
of this Section.
(g) Prior to the neutral evaluation process, the neutral
evaluator shall not establish another relationship with any of
the parties in a manner that would raise questions about the
integrity of the neutral evaluation, except that the neutral
evaluator may conduct further neutral evaluations regarding
other potential local public entities that may involve some of
the same or similar constituents to a prior mediation.
(h) The neutral evaluator shall conduct the neutral
evaluation process in a manner that promotes voluntary,
uncoerced decision-making in which each party makes free and
informed choices regarding the process and outcome.
(i) The neutral evaluator shall not impose a settlement on
the parties. The neutral evaluator shall use his or her best
efforts to assist the parties to reach a satisfactory
resolution of their disputes. Subject to the discretion of the
neutral evaluator, the neutral evaluator may make oral or
written recommendations for settlement or plan of readjustment
to a party privately or to all parties jointly.
(j) The neutral evaluator shall inform the local public
entity and all parties of the provisions of Chapter 9 relative
to other chapters of the bankruptcy codes. This instruction
shall highlight the limited authority of United States
bankruptcy judges in Chapter 9.
(k) The neutral evaluator may request from the parties

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documentation and other information that the neutral evaluator
believes may be helpful in assisting the parties to address the
obligations between them. This documentation may include the
status of funds of the local public entity that clearly
distinguishes between general funds and special funds, and the
proposed plan of readjustment prepared by the local public
entity.
(l) The neutral evaluator shall provide counsel and
guidance to all parties, shall not be a legal representative of
any party, and shall not have a fiduciary duty to any party.
(m) In the event of a settlement with all interested
parties, the neutral evaluator may assist the parties in
negotiating a pre-petitioned, pre-agreed plan of readjustment
in connection with a potential Chapter 9 filing.
(n) If at any time during the neutral evaluation process
the local public entity and a majority of the representatives
of the interested parties participating in the neutral
evaluation wish to remove the neutral evaluator, the local
public entity or any interested party may make a request to the
other interested parties to remove the neutral evaluator. If
the local public entity and the majority of the interested
parties agree that the neutral evaluator should be removed, the
parties shall select a new neutral evaluator.
(o) The local public entity and all interested parties
participating in the neutral evaluation process shall
negotiate in good faith. Failure to do so is grounds for ending

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the neutral evaluation process and satisfying the eligibility
requirements of item (i) of Section 5 of this Act.
(p) The local public entity and interested parties shall
provide a representative of each party to attend all neutral
evaluation sessions. Each representative shall have the
authority to settle and resolve disputes or shall be in a
position to present any proposed settlement or plan of
readjustment to the parties participating in the neutral
evaluation.
(q) The parties shall maintain the confidentiality of the
neutral evaluation process and shall not disclose statements
made, information disclosed, or documents prepared or
produced, during the neutral evaluation process, at the
conclusion of the neutral evaluation process or during any
bankruptcy proceeding unless either of the following occur:
(i) all persons that conduct or otherwise participate
in the neutral evaluation expressly agree in writing to
disclosure of the communication, document, or writing; or
(ii) the information is deemed necessary by a judge
presiding over a bankruptcy proceeding pursuant to Chapter
9 of Title 11 of the United States Code to determine
eligibility of a local public entity to proceed with a
bankruptcy proceeding pursuant to subsection (c) of
Section 109 of Title 11 of the United States Code.
(r) The neutral evaluation established by this process
shall not last for more than 60 days after the date the

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evaluator is selected, unless the local public entity or a
majority of participating interested parties elect to extend
the process for up to 30 additional days. The neutral
evaluation process shall not last for more than 90 days after
the date the evaluator is selected unless the local public
entity and a majority of the interested parties agree to an
extension.
(s) The local public entity shall pay 50% of the costs of
neutral evaluation, including but not limited to the fees of
the evaluator, and the creditors shall pay the balance, unless
otherwise agreed to by the parties.
(t) The neutral evaluation process shall end if any of the
following occur:
(i) the parties execute an settlement agreement;
(ii) the parties reach an agreement or proposed plan of
readjustment that requires the approval of a bankruptcy
judge;
(iii) the neutral evaluation process has exceeded the
later of (i) 60 days after the date the neutral evaluator
was selected, or (ii) 90 days after the initiation of the
neutral evaluation process by the local public entity
pursuant to subsection (a) of Section 15 of this Act, the
parties have not reached an agreement, and the local public
entity and a majority of the interested parties do not
agree to extend the neutral evaluation process;
(iv) the local public entity initiated the neutral

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evaluation process pursuant to subsection (a) of this
Section and received no responses from interested parties
within the time specified in subsection (b) of this
Section; or
(v) the fiscal condition of the local public entity
deteriorates to the point that a fiscal emergency is
declared pursuant to Section 20 of this Act and
necessitates the need to file a petition and exercise
powers pursuant to applicable federal bankruptcy law.
Section 20. Declaration of fiscal emergency.
Notwithstanding any other Section of this Act, a local public
entity may file a petition and exercise powers pursuant to
applicable federal bankruptcy law, if the local public entity
declares a fiscal emergency and adopts a resolution by a
majority vote of the governing board at a noticed public
hearing that includes findings that the financial state of the
local public entity jeopardizes the health, safety, or
well-being of the residents of the local public entity's
jurisdiction or service area absent the protections of Chapter
9. The resolution shall make findings that the public entity is
or will be unable to pay its obligations within the next 60
days. Prior to a declaration of fiscal emergency and adoption
of a resolution, the local public entity shall place an item on
the agenda of a noticed public hearing on the fiscal condition
of the entity to take public comment. The board of supervisors

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of a county that intends to take action pursuant to this
Section and places a notice on an agenda regarding a proposed
resolution to declare a fiscal emergency may require local
agencies with funds invested in the county treasury to provide
a 5-day notice of withdrawal before the county is required to
comply with a request for withdrawal of funds by that local
agency.
Section 25. Liabilities. This Act shall not impose any
liability or responsibility, in law or equity, upon the State,
any department, agency, or other entity of the State, or any
officer or employee of the State, for any action taken by any
local public entity pursuant to this Act, for any violation of
the provisions of this Act by any local public entity, or for
any failure to comply with the provisions of this Act by any
local public entity. No cause of action against the State, or
any department, agency, entity of the State, or any officer or
employee of the State acting in their official capacity may be
maintained for any activity authorized by this Act, or for the
act of a local public entity filing under Chapter 9 of Title 11
of the United States Code, including any proceeding following a
local public entity's filing.
Section 30. Confidential Information. All records,
including without limitation all reports, writings, letters,
memoranda, and other documentary materials, that are prepared

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for or used in connection with the neutral evaluation process,
the filing of a federal bankruptcy petition, or other actions
taken by a local public entity or a neutral evaluator under
this Act are exempt from disclosure, inspection, and copying
under the Freedom of Information Act.
Section 35. Statutory lien for bonds.
(a) As used in this Section:
"Bond" or "bonds" has the same meaning given to that term
under Section 3 of the Local Government Debt Reform Act.
"Statutory lien" shall have the meaning given to that term
under 11 U.S.C. 101(53) of the Federal Bankruptcy Code.
(b) All bonds, including general obligation bonds and
revenue bonds issued and sold under the Local Government Debt
Reform Act or related laws, including bonds issued under home
rule powers, issued by a local public entity shall be secured
by a statutory lien on all revenues received pursuant to the
levy and collection of tax or the collection or deposit of
money, funds, or revenues so pledged to the payment of the
bonds. The statutory lien shall automatically attach from the
time such pledge is made without further action or
authorization by the governing authority of the local public
entity. The statutory lien shall be valid and binding from the
time the bonds are executed and delivered without any physical
delivery thereof or further act required, and shall be a first
priority lien, unless the bonds so otherwise provide.

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The revenues received pursuant to the levy and collection
of the taxes or the collection or deposit of revenues, money,
or funds so pledged shall be immediately subject to the
statutory lien, and the statutory lien shall automatically
attach to the revenues and be effective, binding, and
enforceable against the local public entity or its successors,
transferees, and creditors, and all others asserting rights
therein or having claims of any kind in tort, contract, or
otherwise against the local public entity, irrespective of
whether those parties have notice of the lien and without the
need for any physical delivery, recordation, filing, or further
act. In addition, revenue bonds issued by a local public entity
under the Local Government Debt Reform Act or related laws,
including bonds issued by a local public entity with home rule
authority, shall have all of the protection afforded to special
revenue under 11 U.S.C. 901 et. seq., of the Federal Bankruptcy
Code, to the extent applicable.
Section 80. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.

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(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
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
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond
to an actual, a threatened, or a reasonably potential
danger to the safety of employees, students, staff, the
public, or public property.

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(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.

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(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
or other institution providing medical care, that is
operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received

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under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.

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(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and

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3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances Act
during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Deliberations about action taken, or which could
be taken, pursuant to the Local Government Bankruptcy
Neutral Evaluation Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local

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electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
1-1-17; revised 9-21-16.)
Section 85. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

HB0438 - 25 - LRB100 05396 AWJ 15407 b
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

HB0438 - 26 - LRB100 05396 AWJ 15407 b
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.

HB0438 - 27 - LRB100 05396 AWJ 15407 b
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same

HB0438 - 28 - LRB100 05396 AWJ 15407 b
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding

HB0438 - 29 - LRB100 05396 AWJ 15407 b
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) (dd) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) All records and information prohibited from being
disclosed, inspected, or copied by the Local Government
Bankruptcy Neutral Evaluation Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

HB0438 - 30 - LRB100 05396 AWJ 15407 b
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)