99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4583
 
Introduced , by Rep. Jeanne M Ives
 
SYNOPSIS AS INTRODUCED:



          
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 315/7 from Ch. 48, par. 1607
5 ILCS 315/24 from Ch. 48, par. 1624
115 ILCS 5/10 from Ch. 48, par. 1710
115 ILCS 5/18 from Ch. 48, par. 1718

 Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that, once an agreement is reached between a public or educational employer and its employees regarding all of the terms of a collective bargaining agreement, the
agreement shall be reduced to writing and published on the website of the public or educational employer. Requires the public or educational employer, not less than 14 days after publishing such an agreement, to hold an open public meeting on the ratification of that agreement. Provides that any contract between a public employer and an employee where the total compensation exceeds $150,000 shall be published on the employer's website for a period of not less than 14 days prior to being signed by both the employer and the employee. Requires the public employer to hold an open public meeting on the contract in addition to posting it for 14 days if that contract is subject to board approval. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.



LRB099 16282 HLH 40612 b


 
 
A BILL FOR
 


HB4583LRB099 16282 HLH 40612 b



1 AN ACT concerning government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Open Meetings Act is amended by changing 
5Section 2 as follows:




6 (5 ILCS 120/2) (from Ch. 102, par. 42)



7 Sec. 2. Open meetings. 

8 (a) Openness required. All meetings of public
bodies shall 
9be open to the public unless excepted in subsection (c)
and 
10closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained 
12in subsection
(c) are in derogation of the requirement that 
13public bodies
meet in the open, and therefore, the exceptions 
14are to be strictly
construed, extending only to subjects 
15clearly within their scope.
The exceptions authorize but do not 
16require the holding of
a closed meeting to discuss a subject 
17included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to 
19consider the
following subjects:

20  (1) The appointment, employment, compensation, 
21 discipline, performance,
or dismissal of specific 
22 employees of the public body or legal counsel for
the 
23 public body, including hearing
testimony on a complaint 
 
 
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1 lodged against an employee of the public body or
against 
2 legal counsel for the public body to determine its 
3 validity.

4  (2) Collective negotiating matters between the public 
5 body and its
employees or their representatives, or 
6 deliberations concerning salary
schedules for one or more 
7 classes of employees, except that any meeting required 
8 under either subsection (e) of Section 7 of the Illinois 
9 Public Labor Relations Act or subsection (d) of Section 10 
10 of the Illinois Educational Labor Relations Act shall be 
11 open to the public.

12  (3) The selection of a person to fill a public office,

13 as defined in this Act, including a vacancy in a public 
14 office, when the public
body is given power to appoint 
15 under law or ordinance, or the discipline,
performance or 
16 removal of the occupant of a public office, when the public 
17 body
is given power to remove the occupant under law or 
18 ordinance. 

19  (4) Evidence or testimony presented in open hearing, or 
20 in closed
hearing where specifically authorized by law, to

21 a quasi-adjudicative body, as defined in this Act, provided 
22 that the body
prepares and makes available for public 
23 inspection a written decision
setting forth its 
24 determinative reasoning.


25  (5) The purchase or lease of real property for the use 
26 of
the public body, including meetings held for the purpose 
 
 
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1 of discussing
whether a particular parcel should be 
2 acquired.

3  (6) The setting of a price for sale or lease of 
4 property owned
by the public body.

5  (7) The sale or purchase of securities, investments, or 
6 investment
contracts. This exception shall not apply to the 
7 investment of assets or income of funds deposited into the 
8 Illinois Prepaid Tuition Trust Fund. 

9  (8) Security procedures, school building safety and 
10 security, and the use of personnel and
equipment to respond 
11 to an actual, a threatened, or a reasonably
potential 
12 danger to the safety of employees, students, staff, the 
13 public, or
public
property.

14  (9) Student disciplinary cases.

15  (10) The placement of individual students in special 
16 education
programs and other matters relating to 
17 individual students.

18  (11) Litigation, when an action against, affecting or 
19 on behalf of the
particular public body has been filed and 
20 is pending before a court or
administrative tribunal, or 
21 when the public body finds that an action is
probable or 
22 imminent, in which case the basis for the finding shall be

23 recorded and entered into the minutes of the closed 
24 meeting.

25  (12) The establishment of reserves or settlement of 
26 claims as provided
in the Local Governmental and 
 
 
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1 Governmental Employees Tort Immunity Act, if
otherwise the 
2 disposition of a claim or potential claim might be

3 prejudiced, or the review or discussion of claims, loss or 
4 risk management
information, records, data, advice or 
5 communications from or with respect
to any insurer of the 
6 public body or any intergovernmental risk management

7 association or self insurance pool of which the public body 
8 is a member.

9  (13) Conciliation of complaints of discrimination in 
10 the sale or rental
of housing, when closed meetings are 
11 authorized by the law or ordinance
prescribing fair housing 
12 practices and creating a commission or
administrative 
13 agency for their enforcement.

14  (14) Informant sources, the hiring or assignment of 
15 undercover personnel
or equipment, or ongoing, prior or 
16 future criminal investigations, when
discussed by a public 
17 body with criminal investigatory responsibilities.

18  (15) Professional ethics or performance when 
19 considered by an advisory
body appointed to advise a 
20 licensing or regulatory agency on matters
germane to the 
21 advisory body's field of competence.

22  (16) Self evaluation, practices and procedures or 
23 professional ethics,
when meeting with a representative of 
24 a statewide association of which the
public body is a 
25 member.

26  (17) The recruitment, credentialing, discipline or 
 
 
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1 formal peer review
of physicians or other
health care 
2 professionals for a hospital, or
other institution 
3 providing medical care, that is operated by the public 
4 body.

5  (18) Deliberations for decisions of the Prisoner 
6 Review Board.

7  (19) Review or discussion of applications received 
8 under the
Experimental Organ Transplantation Procedures 
9 Act.

10  (20) The classification and discussion of matters 
11 classified as
confidential or continued confidential by 
12 the State Government Suggestion Award
Board.

13  (21) Discussion of minutes of meetings lawfully closed 
14 under this Act,
whether for purposes of approval by the 
15 body of the minutes or semi-annual
review of the minutes as 
16 mandated by Section 2.06.

17  (22) Deliberations for decisions of the State

18 Emergency Medical Services Disciplinary
Review Board.

19  (23) The operation by a municipality of a municipal 
20 utility or the
operation of a
municipal power agency or 
21 municipal natural gas agency when the
discussion involves 
22 (i) contracts relating to the
purchase, sale, or delivery 
23 of electricity or natural gas or (ii) the results
or 
24 conclusions of load forecast studies.

25  (24) Meetings of a residential health care facility 
26 resident sexual
assault and death review
team or
the 
 
 
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1 Executive
Council under the Abuse Prevention Review
Team 
2 Act.

3  (25) Meetings of an independent team of experts under 
4 Brian's Law. 
5  (26) Meetings of a mortality review team appointed 
6 under the Department of Juvenile Justice Mortality Review 
7 Team Act. 
8  (27) (Blank). 
9  (28) Correspondence and records (i) that may not be 
10 disclosed under Section 11-9 of the Public Aid Code or (ii) 
11 that pertain to appeals under Section 11-8 of the Public 
12 Aid Code. 
13  (29) Meetings between internal or external auditors 
14 and governmental audit committees, finance committees, and 
15 their equivalents, when the discussion involves internal 
16 control weaknesses, identification of potential fraud risk 
17 areas, known or suspected frauds, and fraud interviews 
18 conducted in accordance with generally accepted auditing 
19 standards of the United States of America.
20  (30) Those meetings or portions of meetings of a 
21 fatality review team or the Illinois Fatality Review Team 
22 Advisory Council during which a review of the death of an 
23 eligible adult in which abuse or neglect is suspected, 
24 alleged, or substantiated is conducted pursuant to Section 
25 15 of the Adult Protective Services Act. 
26  (31) Meetings and deliberations for decisions of the 
 
 
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1 Concealed Carry Licensing Review Board under the Firearm 
2 Concealed Carry Act. 
3  (32) Meetings between the Regional Transportation 
4 Authority Board and its Service Boards when the discussion 
5 involves review by the Regional Transportation Authority 
6 Board of employment contracts under Section 28d of the 
7 Metropolitan Transit Authority Act and Sections 3A.18 and 
8 3B.26 of the Regional Transportation Authority Act.
9  (33) Those meetings meeting or portions of meetings of 
10 the advisory committee and peer review subcommittee 
11 created under Section 320 of the Illinois Controlled 
12 Substances Act during which specific controlled substance 
13 prescriber, dispenser, or patient information is 
14 discussed.
15 (d) Definitions. For purposes of this Section:

16 "Employee" means a person employed by a public body whose 
17relationship
with the public body constitutes an 
18employer-employee relationship under
the usual common law 
19rules, and who is not an independent contractor.

20 "Public office" means a position created by or under the

21Constitution or laws of this State, the occupant of which is 
22charged with
the exercise of some portion of the sovereign 
23power of this State. The term
"public office" shall include 
24members of the public body, but it shall not
include 
25organizational positions filled by members thereof, whether

26established by law or by a public body itself, that exist to 
 
 
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1assist the
body in the conduct of its business.

2 "Quasi-adjudicative body" means an administrative body 
3charged by law or
ordinance with the responsibility to conduct 
4hearings, receive evidence or
testimony and make 
5determinations based
thereon, but does not include
local 
6electoral boards when such bodies are considering petition 
7challenges.

8 (e) Final action. No final action may be taken at a closed 
9meeting.
Final action shall be preceded by a public recital of 
10the nature of the
matter being considered and other information 
11that will inform the
public of the business being conducted. 

12(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
13eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; 
1499-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; 
15revised 10-14-15.)


16 Section 10. The Freedom of Information Act is amended by 
17changing Section 7 as follows:

18 (5 ILCS 140/7) (from Ch. 116, par. 207)
19 Sec. 7. Exemptions.

20 (1) When a request is made to inspect or copy a public 
21record that contains information that is exempt from disclosure 
22under this Section, but also contains information that is not 
23exempt from disclosure, the public body may elect to redact the 
24information that is exempt. The public body shall make the 
 
 
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1remaining information available for inspection and copying. 
2Subject to this requirement, the following shall be exempt from 
3inspection and copying:


4  (a) Information specifically prohibited from 
5 disclosure by federal or
State law or rules and regulations 
6 implementing federal or State law.


7  (b) Private information, unless disclosure is required 
8 by another provision of this Act, a State or federal law or 
9 a court order. 
10  (b-5) Files, documents, and other data or databases 
11 maintained by one or more law enforcement agencies and 
12 specifically designed to provide information to one or more 
13 law enforcement agencies regarding the physical or mental 
14 status of one or more individual subjects. 
15  (c) Personal information contained within public 
16 records, the disclosure of which would constitute a clearly

17 unwarranted invasion of personal privacy, unless the 
18 disclosure is
consented to in writing by the individual 
19 subjects of the information. "Unwarranted invasion of 
20 personal privacy" means the disclosure of information that 
21 is highly personal or objectionable to a reasonable person 
22 and in which the subject's right to privacy outweighs any 
23 legitimate public interest in obtaining the information. 
24 The
disclosure of information that bears on the public 
25 duties of public
employees and officials shall not be 
26 considered an invasion of personal
privacy.


 
 
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1  (d) Records in the possession of any public body 
2 created in the course of administrative enforcement

3 proceedings, and any law enforcement or correctional 
4 agency for
law enforcement purposes,
but only to the extent 
5 that disclosure would:


6   (i) interfere with pending or actually and 
7 reasonably contemplated
law enforcement proceedings 
8 conducted by any law enforcement or correctional

9 agency that is the recipient of the request;


10   (ii) interfere with active administrative 
11 enforcement proceedings
conducted by the public body 
12 that is the recipient of the request;


13   (iii) create a substantial likelihood that a 
14 person will be deprived of a fair trial or an impartial 
15 hearing;


16   (iv) unavoidably disclose the identity of a 
17 confidential source, confidential information 
18 furnished only by the confidential source, or persons 
19 who file complaints with or provide information to 
20 administrative, investigative, law enforcement, or 
21 penal agencies; except that the identities of 
22 witnesses to traffic accidents, traffic accident 
23 reports, and rescue reports shall be provided by 
24 agencies of local government, except when disclosure 
25 would interfere with an active criminal investigation 
26 conducted by the agency that is the recipient of the 
 
 
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1 request;


2   (v) disclose unique or specialized investigative 
3 techniques other than
those generally used and known or 
4 disclose internal documents of
correctional agencies 
5 related to detection, observation or investigation of

6 incidents of crime or misconduct, and disclosure would 
7 result in demonstrable harm to the agency or public 
8 body that is the recipient of the request;


9   (vi) endanger the life or physical safety of law 
10 enforcement personnel
or any other person; or


11   (vii) obstruct an ongoing criminal investigation 
12 by the agency that is the recipient of the request.


13  (d-5) A law enforcement record created for law 
14 enforcement purposes and contained in a shared electronic 
15 record management system if the law enforcement agency that 
16 is the recipient of the request did not create the record, 
17 did not participate in or have a role in any of the events 
18 which are the subject of the record, and only has access to 
19 the record through the shared electronic record management 
20 system. 
21  (e) Records that relate to or affect the security of 
22 correctional
institutions and detention facilities.


23  (e-5) Records requested by persons committed to the 
24 Department of Corrections if those materials are available 
25 in the library of the correctional facility where the 
26 inmate is confined. 
 
 
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1  (e-6) Records requested by persons committed to the 
2 Department of Corrections if those materials include 
3 records from staff members' personnel files, staff 
4 rosters, or other staffing assignment information. 
5  (e-7) Records requested by persons committed to the 
6 Department of Corrections if those materials are available 
7 through an administrative request to the Department of 
8 Corrections. 
9  (f) Preliminary drafts, notes, recommendations, 
10 memoranda and other
records in which opinions are 
11 expressed, or policies or actions are
formulated, except 
12 that a specific record or relevant portion of a
record 
13 shall not be exempt when the record is publicly cited
and 
14 identified by the head of the public body. The exemption 
15 provided in
this paragraph (f) extends to all those records 
16 of officers and agencies
of the General Assembly that 
17 pertain to the preparation of legislative
documents.


18  (g) Trade secrets and commercial or financial 
19 information obtained from
a person or business where the 
20 trade secrets or commercial or financial information are 
21 furnished under a claim that they are
proprietary, 
22 privileged or confidential, and that disclosure of the 
23 trade
secrets or commercial or financial information would 
24 cause competitive harm to the person or business, and only 
25 insofar as the claim directly applies to the records 
26 requested.
 
 
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1  The information included under this exemption includes 
2 all trade secrets and commercial or financial information 
3 obtained by a public body, including a public pension fund, 
4 from a private equity fund or a privately held company 
5 within the investment portfolio of a private equity fund as 
6 a result of either investing or evaluating a potential 
7 investment of public funds in a private equity fund. The 
8 exemption contained in this item does not apply to the 
9 aggregate financial performance information of a private 
10 equity fund, nor to the identity of the fund's managers or 
11 general partners. The exemption contained in this item does 
12 not apply to the identity of a privately held company 
13 within the investment portfolio of a private equity fund, 
14 unless the disclosure of the identity of a privately held 
15 company may cause competitive harm.
16  Nothing contained in this
paragraph (g) shall be 
17 construed to prevent a person or business from
consenting 
18 to disclosure.


19  (h) Proposals and bids for any contract, grant, or 
20 agreement, including
information which if it were 
21 disclosed would frustrate procurement or give
an advantage 
22 to any person proposing to enter into a contractor 
23 agreement
with the body, until an award or final selection 
24 is made. Information
prepared by or for the body in 
25 preparation of a bid solicitation shall be
exempt until an 
26 award or final selection is made.


 
 
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1  (i) Valuable formulae,
computer geographic systems,

2 designs, drawings and research data obtained or
produced by 
3 any public body when disclosure could reasonably be 
4 expected to
produce private gain or public loss.
The 
5 exemption for "computer geographic systems" provided in 
6 this paragraph
(i) does not extend to requests made by news 
7 media as defined in Section 2 of
this Act when the 
8 requested information is not otherwise exempt and the only

9 purpose of the request is to access and disseminate 
10 information regarding the
health, safety, welfare, or 
11 legal rights of the general public.


12  (j) The following information pertaining to 
13 educational matters:
14   (i) test questions, scoring keys and other 
15 examination data used to
administer an academic 
16 examination;


17   (ii) information received by a primary or 
18 secondary school, college, or university under its 
19 procedures for the evaluation of faculty members by 
20 their academic peers; 
21   (iii) information concerning a school or 
22 university's adjudication of student disciplinary 
23 cases, but only to the extent that disclosure would 
24 unavoidably reveal the identity of the student; and
25   (iv) course materials or research materials used 
26 by faculty members. 
 
 
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1  (k) Architects' plans, engineers' technical 
2 submissions, and
other
construction related technical 
3 documents for
projects not constructed or developed in 
4 whole or in part with public funds
and the same for 
5 projects constructed or developed with public funds, 
6 including but not limited to power generating and 
7 distribution stations and other transmission and 
8 distribution facilities, water treatment facilities, 
9 airport facilities, sport stadiums, convention centers, 
10 and all government owned, operated, or occupied buildings, 
11 but
only to the extent
that disclosure would compromise 
12 security.


13  (l) Minutes of meetings of public bodies closed to the

14 public as provided in the Open Meetings Act until the 
15 public body
makes the minutes available to the public under 
16 Section 2.06 of the Open
Meetings Act.


17  (m) Communications between a public body and an 
18 attorney or auditor
representing the public body that would 
19 not be subject to discovery in
litigation, and materials 
20 prepared or compiled by or for a public body in

21 anticipation of a criminal, civil or administrative 
22 proceeding upon the
request of an attorney advising the 
23 public body, and materials prepared or
compiled with 
24 respect to internal audits of public bodies.


25  (n) Records relating to a public body's adjudication of 
26 employee grievances or disciplinary cases; however, this 
 
 
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1 exemption shall not extend to the final outcome of cases in 
2 which discipline is imposed.


3  (o) Administrative or technical information associated 
4 with automated
data processing operations, including but 
5 not limited to software,
operating protocols, computer 
6 program abstracts, file layouts, source
listings, object 
7 modules, load modules, user guides, documentation

8 pertaining to all logical and physical design of 
9 computerized systems,
employee manuals, and any other 
10 information that, if disclosed, would
jeopardize the 
11 security of the system or its data or the security of

12 materials exempt under this Section.


13  (p) Records relating to collective negotiating matters

14 between public bodies and their employees or 
15 representatives, except that
any final contract or 
16 agreement and any agreement that is the subject of a 
17 meeting held pursuant to either subsection (e) of Section 7 
18 of the Illinois Public Labor Relations Act or subsection 
19 (d) of Section 10 of the Illinois Educational Labor 
20 Relations Act shall be subject to inspection and copying.


21  (q) Test questions, scoring keys, and other 
22 examination data used to determine the qualifications of an 
23 applicant for a license or employment.


24  (r) The records, documents, and information relating 
25 to real estate
purchase negotiations until those 
26 negotiations have been completed or
otherwise terminated. 
 
 
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1 With regard to a parcel involved in a pending or
actually 
2 and reasonably contemplated eminent domain proceeding 
3 under the Eminent Domain Act, records, documents and

4 information relating to that parcel shall be exempt except 
5 as may be
allowed under discovery rules adopted by the 
6 Illinois Supreme Court. The
records, documents and 
7 information relating to a real estate sale shall be
exempt 
8 until a sale is consummated.


9  (s) Any and all proprietary information and records 
10 related to the
operation of an intergovernmental risk 
11 management association or
self-insurance pool or jointly 
12 self-administered health and accident
cooperative or pool.

13 Insurance or self insurance (including any 
14 intergovernmental risk management association or self 
15 insurance pool) claims, loss or risk management 
16 information, records, data, advice or communications. 

17  (t) Information contained in or related to 
18 examination, operating, or
condition reports prepared by, 
19 on behalf of, or for the use of a public
body responsible 
20 for the regulation or supervision of financial

21 institutions or insurance companies, unless disclosure is 
22 otherwise
required by State law.


23  (u) Information that would disclose
or might lead to 
24 the disclosure of
secret or confidential information, 
25 codes, algorithms, programs, or private
keys intended to be 
26 used to create electronic or digital signatures under the

 
 
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1 Electronic Commerce Security Act.


2  (v) Vulnerability assessments, security measures, and 
3 response policies
or plans that are designed to identify, 
4 prevent, or respond to potential
attacks upon a community's 
5 population or systems, facilities, or installations,
the 
6 destruction or contamination of which would constitute a 
7 clear and present
danger to the health or safety of the 
8 community, but only to the extent that
disclosure could 
9 reasonably be expected to jeopardize the effectiveness of 
10 the
measures or the safety of the personnel who implement 
11 them or the public.
Information exempt under this item may 
12 include such things as details
pertaining to the 
13 mobilization or deployment of personnel or equipment, to 
14 the
operation of communication systems or protocols, or to 
15 tactical operations.


16  (w) (Blank). 
17  (x) Maps and other records regarding the location or 
18 security of generation, transmission, distribution, 
19 storage, gathering,
treatment, or switching facilities 
20 owned by a utility, by a power generator, or by the 
21 Illinois Power Agency.


22  (y) Information contained in or related to proposals, 
23 bids, or negotiations related to electric power 
24 procurement under Section 1-75 of the Illinois Power Agency 
25 Act and Section 16-111.5 of the Public Utilities Act that 
26 is determined to be confidential and proprietary by the 
 
 
HB4583- 19 -LRB099 16282 HLH 40612 b


1 Illinois Power Agency or by the Illinois Commerce 
2 Commission.

3  (z) Information about students exempted from 
4 disclosure under Sections 10-20.38 or 34-18.29 of the 
5 School Code, and information about undergraduate students 
6 enrolled at an institution of higher education exempted 
7 from disclosure under Section 25 of the Illinois Credit 
8 Card Marketing Act of 2009. 
9  (aa) Information the disclosure of which is
exempted 
10 under the Viatical Settlements Act of 2009.

11  (bb) Records and information provided to a mortality 
12 review team and records maintained by a mortality review 
13 team appointed under the Department of Juvenile Justice 
14 Mortality Review Team Act. 
15  (cc) Information regarding interments, entombments, or 
16 inurnments of human remains that are submitted to the 
17 Cemetery Oversight Database under the Cemetery Care Act or 
18 the Cemetery Oversight Act, whichever is applicable.
19  (dd) Correspondence and records (i) that may not be 
20 disclosed under Section 11-9 of the Public Aid Code or (ii) 
21 that pertain to appeals under Section 11-8 of the Public 
22 Aid Code. 
23  (ee) The names, addresses, or other personal 
24 information of persons who are minors and are also 
25 participants and registrants in programs of park 
26 districts, forest preserve districts, conservation 
 
 
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1 districts, recreation agencies, and special recreation 
2 associations.
3  (ff) The names, addresses, or other personal 
4 information of participants and registrants in programs of 
5 park districts, forest preserve districts, conservation 
6 districts, recreation agencies, and special recreation 
7 associations where such programs are targeted primarily to 
8 minors.
9  (gg) Confidential information described in Section 
10 1-100 of the Illinois Independent Tax Tribunal Act of 2012. 
11  (hh) The report submitted to the State Board of 
12 Education by the School Security and Standards Task Force 
13 under item (8) of subsection (d) of Section 2-3.160 of the 
14 School Code and any information contained in that report. 
15  (ii) Records requested by persons committed to or 
16 detained by the Department of Human Services under the 
17 Sexually Violent Persons Commitment Act or committed to the 
18 Department of Corrections under the Sexually Dangerous 
19 Persons Act if those materials: (i) are available in the 
20 library of the facility where the individual is confined; 
21 (ii) include records from staff members' personnel files, 
22 staff rosters, or other staffing assignment information; 
23 or (iii) are available through an administrative request to 
24 the Department of Human Services or the Department of 
25 Corrections.
26  jj (ii) Confidential information described in Section 
 
 
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1 5-535 of the Civil Administrative Code of Illinois. 
2 (1.5) Any information exempt from disclosure under the 
3Judicial Privacy Act shall be redacted from public records 
4prior to disclosure under this Act. 
5 (2) A public record that is not in the possession of a 
6public body but is in the possession of a party with whom the 
7agency has contracted to perform a governmental function on 
8behalf of the public body, and that directly relates to the 
9governmental function and is not otherwise exempt under this 
10Act, shall be considered a public record of the public body, 
11for purposes of this Act. 
12 (3) This Section does not authorize withholding of 
13information or limit the
availability of records to the public, 
14except as stated in this Section or
otherwise provided in this 
15Act.


16(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; 
1798-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 
18revised 10-14-15.)

19 Section 15. The Illinois Public Labor Relations Act is 
20amended by changing Sections 7 and 24 as follows:




21 (5 ILCS 315/7) (from Ch. 48, par. 1607)



22 Sec. 7. Duty to bargain. 
23 (a) A public employer and the exclusive representative
have 
24the authority and the duty to bargain collectively set forth in 
 
 
HB4583- 22 -LRB099 16282 HLH 40612 b


1this
Section.

2 For the purposes of this Act, "to bargain collectively" 
3means the performance
of the mutual obligation of the public 
4employer or his designated
representative and the 
5representative of the public employees to meet at
reasonable 
6times, including meetings in advance of the budget-making 
7process,
and to negotiate in good faith with respect to wages, 
8hours, and other
conditions
of employment, not excluded by 
9Section 4 of this Act, or the negotiation
of an agreement, or 
10any question arising
thereunder and the execution of a written 
11contract incorporating any agreement
reached if requested by 
12either party, but such obligation does not compel
either party 
13to agree to a proposal or require the making of a concession.

14 The duty "to bargain collectively" shall also include an 
15obligation to
negotiate over any matter with respect to wages, 
16hours and other conditions
of employment, not specifically 
17provided for in any other law or not specifically
in violation 
18of the provisions
of any law. If any other law pertains, in 
19part, to a matter affecting
the wages, hours and other 
20conditions of employment, such other law shall
not be construed 
21as limiting the duty "to bargain collectively" and to enter

22into collective bargaining agreements containing clauses which 
23either supplement,
implement, or relate to the effect of such 
24provisions in other laws.

25 The duty "to bargain collectively" shall also include 
26negotiations
as to the terms of a collective bargaining 
 
 
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1agreement.
The parties may, by mutual agreement, provide for 
2arbitration of impasses
resulting from their inability to agree 
3upon wages, hours and terms and
conditions of employment to be 
4included in a collective bargaining agreement.
Such 
5arbitration provisions shall be subject to the Illinois 
6"Uniform Arbitration
Act" unless agreed by the parties.

7 The duty "to bargain collectively" shall also mean that no 
8party to a collective
bargaining contract shall terminate or 
9modify such contract, unless the
party desiring such 
10termination or modification:

11  (1) serves a written notice upon the other party to the 
12 contract of the
proposed termination or modification 60 
13 days prior to the expiration date
thereof, or in the event 
14 such contract contains no expiration date, 60 days
prior to 
15 the time it is proposed to make such termination or 
16 modification;

17  (2) offers to meet and confer with the other party for 
18 the purpose of
negotiating a new contract or a contract 
19 containing the proposed modifications;

20  (3) notifies the Board within 30 days after such notice 
21 of the existence
of a dispute, provided no agreement has 
22 been reached by that time; and

23  (4) continues in full force and effect, without 
24 resorting to strike or
lockout, all the terms and 
25 conditions of the existing contract for a period
of 60 days 
26 after such notice is given to the other party or until the 
 
 
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1 expiration
date of such contract, whichever occurs later.

2 The duties imposed upon employers, employees and labor 
3organizations by
paragraphs (2), (3) and (4) shall become 
4inapplicable upon an intervening
certification of the Board, 
5under which the labor organization, which is
a party to the 
6contract, has been superseded as or ceased to be the exclusive

7representative
of the employees pursuant to the provisions of 
8subsection (a) of Section
9, and the duties so imposed shall 
9not be construed as requiring either
party to discuss or agree 
10to any modification of the terms and conditions
contained in a 
11contract for a fixed period, if such modification is to become

12effective before such terms and conditions can be reopened 
13under the provisions
of the contract.

14 (b) Collective bargaining for home care and home health 
15workers who function as personal assistants and individual 
16maintenance home health workers
under
the Home Services Program 
17shall be limited to the terms and conditions of
employment

18under the State's control, as defined in Public Act 93-204 or 
19this amendatory Act of the 97th General Assembly, as 
20applicable. 

21 (c) Collective bargaining for child and day care home 
22providers under the child care assistance program shall be 
23limited to the terms and conditions of employment under the 
24State's control, as defined in this amendatory Act of the 94th 
25General Assembly.

26 (d) Notwithstanding any other provision of this Section, 
 
 
HB4583- 25 -LRB099 16282 HLH 40612 b


1whenever collective bargaining is for the purpose of 
2establishing an initial agreement following original 
3certification of units with fewer than 35 employees, with 
4respect to public employees other than peace officers, fire 
5fighters, and security employees, the following apply:
6  (1) Not later than 10 days after receiving a written 
7 request for collective bargaining from a labor 
8 organization that has been newly certified as a 
9 representative as defined in Section 6(c), or within such 
10 further period as the parties agree upon, the parties shall 
11 meet and commence to bargain collectively and shall make 
12 every reasonable effort to conclude and sign a collective 
13 bargaining agreement.
14  (2) If anytime after the expiration of the 90-day 
15 period beginning on the date on which bargaining is 
16 commenced the parties have failed to reach an agreement, 
17 either party may notify the Illinois Public Labor Relations 
18 Board of the existence of a dispute and request mediation 
19 in accordance with the provisions of Section 14 of this 
20 Act.
21  (3) If after the expiration of the 30-day period 
22 beginning on the date on which mediation commenced, or such 
23 additional period as the parties may agree upon, the 
24 mediator is not able to bring the parties to agreement by 
25 conciliation, either the exclusive representative of the 
26 employees or the employer may request of the other, in 
 
 
HB4583- 26 -LRB099 16282 HLH 40612 b


1 writing, arbitration and shall submit a copy of the request 
2 to the board. Upon submission of the request for 
3 arbitration, the parties shall be required to participate 
4 in the impasse arbitration procedures set forth in Section 
5 14 of this Act, except the right to strike shall not be 
6 considered waived pursuant to Section 17 of this Act, until 
7 the actual convening of the arbitration hearing. 
8 (e) Notwithstanding any other provision of this Act, once 
9an agreement is reached between a public employer and the 
10exclusive representative of a bargaining unit concerning all of 
11the terms of a collective bargaining agreement, that
agreement 
12shall be reduced to writing and published on the website of the 
13public employer. Upon ratification, the agreement shall be 
14signed by the parties. Rejection of an agreement by either the 
15public employer or the exclusive representative of the 
16bargaining unit shall not constitute an unfair labor practice.
17 (f) No collective bargaining agreement shall be binding on 
18any government agency until it has been ratified by a majority 
19vote of the agency's governing body, with that vote taking 
20place after the public meeting described in subsection (e) of 
21this Section.
22 (g) In addition to any collective bargaining agreement 
23under this Section, any contract between a public employer and 
24an employee where the total compensation exceeds $150,000 shall 
25also be published on the employer's website for a period of not 
26less than 14 days prior to being signed by both the employer 
 
 
HB4583- 27 -LRB099 16282 HLH 40612 b


1and the employee.
2 If a public contract requires board approval before it may 
3take effect, then not less than 14 days after publication of 
4the contract on its website, the public employer shall hold an 
5open public meeting on the contract. No contract shall take 
6effect until after the public employer publishes the contract 
7on its website and holds an open public meeting on the contract 
8as required under this subsection (g).
9(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)





10 (5 ILCS 315/24) (from Ch. 48, par. 1624)



11 Sec. 24. Meetings. Except as provided in Section 7 of this 
12Act, the The provisions of the Open Meetings Act shall not

13apply to collective bargaining negotiations and grievance 
14arbitration conducted
pursuant to this Act.

15(Source: P.A. 83-1012.)


16 Section 20. The Illinois Educational Labor Relations Act is 
17amended by changing Sections 10 and 18 as follows:




18 (115 ILCS 5/10) (from Ch. 48, par. 1710)



19 Sec. 10. Duty to bargain. (a) An educational employer and

20the exclusive representative have the authority and the duty to 
21bargain
collectively as set forth in this Section. Collective 
22bargaining is the
performance of the mutual obligations of the 
23educational employer and the
representative of the educational 
 
 
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1employees to meet at reasonable times and
confer in good faith 
2with respect to wages, hours and other terms and
conditions of 
3employment, and to execute a written contract incorporating
any 
4agreement reached by such obligation, provided such obligation 
5does not
compel either party to agree to a proposal or require 
6the making of a concession.

7 (b) The parties to the collective bargaining process shall 
8not effect
or implement a provision in a collective bargaining 
9agreement if the
implementation of that provision would be in 
10violation of, or inconsistent
with, or in conflict with any 
11statute or statutes enacted by the General
Assembly of 
12Illinois. The parties to the collective bargaining process
may 
13effect or implement a provision in a collective bargaining 
14agreement if
the implementation of that provision has the 
15effect of supplementing any
provision in any statute or 
16statutes enacted by the General Assembly of
Illinois pertaining 
17to wages, hours or other conditions of employment;
provided 
18however, no provision in a collective bargaining agreement may 
19be
effected or implemented if such provision has the effect of 
20negating,
abrogating, replacing, reducing, diminishing, or 
21limiting in any way any
employee rights, guarantees or 
22privileges pertaining to wages, hours or
other conditions of 
23employment provided in such statutes. Any provision in
a 
24collective bargaining agreement which has the effect of 
25negating,
abrogating, replacing, reducing, diminishing or 
26limiting in any way any
employee rights, guarantees or 
 
 
HB4583- 29 -LRB099 16282 HLH 40612 b


1privileges provided in an Illinois statute or
statutes shall be 
2void and unenforceable, but shall not affect the
validity, 
3enforceability and implementation of other permissible 
4provisions
of the collective bargaining agreement.

5 (c) The collective bargaining agreement negotiated between 
6representatives
of the educational employees and the 
7educational employer shall contain
a grievance resolution 
8procedure which shall apply to all employees in the
unit and 
9shall provide for binding arbitration of disputes concerning 
10the
administration or interpretation of the agreement. The 
11agreement shall
also contain appropriate language prohibiting 
12strikes for the duration of
the agreement. The costs of such 
13arbitration shall be borne equally by the
educational employer 
14and the employee organization.

15 (d) Notwithstanding any other provision of this Act, once 
16Once an agreement is reached between representatives of the 
17educational
employees and the educational employer concerning 
18the terms of a collective bargaining agreement, that and is 
19ratified by both parties, the
agreement shall be reduced to 
20writing and published on the website of the educational 
21employer. Not less than 14 days after publication of the 
22agreement on its website, the educational employer shall hold 
23an open public meeting on ratification of the agreement. No 
24agreement concerning all of the terms of a collective 
25bargaining agreement shall be ratified by the parties until 
26after the educational employer publishes the agreement on its 
 
 
HB4583- 30 -LRB099 16282 HLH 40612 b


1website and holds an open public meeting on ratification of the 
2agreement as required under this subsection (d). Upon 
3ratification, the agreement shall be signed by the parties. 
4Rejection of an agreement by the educational employer or by the 
5exclusive representative of the educational employees shall 
6not constitute an unfair labor practice. 

7 (e) No collective bargaining agreement shall be binding on 
8any school board until it has been ratified by a majority vote 
9of the district's school board, with that vote taking place 
10after the public meeting described in subsection (d) of this 
11Section. 
12(Source: P.A. 84-832.)





13 (115 ILCS 5/18) (from Ch. 48, par. 1718)



14 Sec. 18. Meetings. Except as provided in Section 10 of this 
15Act, the The provisions of the Open Meetings Act shall not

16apply to collective bargaining negotiations and grievance 
17arbitrations conducted
pursuant to this Act.

18(Source: P.A. 83-1014.)



19 Section 99. Effective date. This Act takes effect upon 
20becoming law.