100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4841
 
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.



LRB100 16328 RJF 31454 b


 
 
A BILL FOR
 


HB4841LRB100 16328 RJF 31454 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. However, a meeting to consider an increase in 
4 compensation to a specific employee of a public body that 
5 is subject to the Local Government Wage Increase 
6 Transparency Act may not be closed and shall be open to the 
7 public and posted and held in accordance with this Act.

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

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

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

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

25 a quasi-adjudicative body, as defined in this Act, provided 
26 that the body
prepares and makes available for public 
 
 
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1 inspection a written decision
setting forth its 
2 determinative reasoning.

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

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

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

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

18  (9) Student disciplinary cases.

19  (10) The placement of individual students in special 
20 education
programs and other matters relating to 
21 individual students.

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

 
 
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1 recorded and entered into the minutes of the closed 
2 meeting.

3  (12) The establishment of reserves or settlement of 
4 claims as provided
in the Local Governmental and 
5 Governmental Employees Tort Immunity Act, if
otherwise the 
6 disposition of a claim or potential claim might be

7 prejudiced, or the review or discussion of claims, loss or 
8 risk management
information, records, data, advice or 
9 communications from or with respect
to any insurer of the 
10 public body or any intergovernmental risk management

11 association or self insurance pool of which the public body 
12 is a member.

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

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

22  (15) Professional ethics or performance when 
23 considered by an advisory
body appointed to advise a 
24 licensing or regulatory agency on matters
germane to the 
25 advisory body's field of competence.

26  (16) Self evaluation, practices and procedures or 
 
 
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1 professional ethics,
when meeting with a representative of 
2 a statewide association of which the
public body is a 
3 member.

4  (17) The recruitment, credentialing, discipline or 
5 formal peer review
of physicians or other
health care 
6 professionals, or for the discussion of matters protected 
7 under the federal Patient Safety and Quality Improvement 
8 Act of 2005, and the regulations promulgated thereunder, 
9 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
10 Health Insurance Portability and Accountability Act of 
11 1996, and the regulations promulgated thereunder, 
12 including 45 C.F.R. Parts 160, 162, and 164, by a hospital, 
13 or
other institution providing medical care, that is 
14 operated by the public body.

15  (18) Deliberations for decisions of the Prisoner 
16 Review Board.

17  (19) Review or discussion of applications received 
18 under the
Experimental Organ Transplantation Procedures 
19 Act.

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

23  (21) Discussion of minutes of meetings lawfully closed 
24 under this Act,
whether for purposes of approval by the 
25 body of the minutes or semi-annual
review of the minutes as 
26 mandated by Section 2.06.

 
 
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1  (22) Deliberations for decisions of the State

2 Emergency Medical Services Disciplinary
Review Board.

3  (23) The operation by a municipality of a municipal 
4 utility or the
operation of a
municipal power agency or 
5 municipal natural gas agency when the
discussion involves 
6 (i) contracts relating to the
purchase, sale, or delivery 
7 of electricity or natural gas or (ii) the results
or 
8 conclusions of load forecast studies.

9  (24) Meetings of a residential health care facility 
10 resident sexual
assault and death review
team or
the 
11 Executive
Council under the Abuse Prevention Review
Team 
12 Act.

13  (25) Meetings of an independent team of experts under 
14 Brian's Law. 
15  (26) Meetings of a mortality review team appointed 
16 under the Department of Juvenile Justice Mortality Review 
17 Team Act. 
18  (27) (Blank). 
19  (28) Correspondence and records (i) that may not be 
20 disclosed under Section 11-9 of the Illinois Public Aid 
21 Code or (ii) that pertain to appeals under Section 11-8 of 
22 the Illinois Public Aid Code. 
23  (29) Meetings between internal or external auditors 
24 and governmental audit committees, finance committees, and 
25 their equivalents, when the discussion involves internal 
26 control weaknesses, identification of potential fraud risk 
 
 
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1 areas, known or suspected frauds, and fraud interviews 
2 conducted in accordance with generally accepted auditing 
3 standards of the United States of America.
4  (30) Those meetings or portions of meetings of a 
5 fatality review team or the Illinois Fatality Review Team 
6 Advisory Council during which a review of the death of an 
7 eligible adult in which abuse or neglect is suspected, 
8 alleged, or substantiated is conducted pursuant to Section 
9 15 of the Adult Protective Services Act. 
10  (31) Meetings and deliberations for decisions of the 
11 Concealed Carry Licensing Review Board under the Firearm 
12 Concealed Carry Act. 
13  (32) Meetings between the Regional Transportation 
14 Authority Board and its Service Boards when the discussion 
15 involves review by the Regional Transportation Authority 
16 Board of employment contracts under Section 28d of the 
17 Metropolitan Transit Authority Act and Sections 3A.18 and 
18 3B.26 of the Regional Transportation Authority Act.
19  (33) Those meetings or portions of meetings of the 
20 advisory committee and peer review subcommittee created 
21 under Section 320 of the Illinois Controlled Substances Act 
22 during which specific controlled substance prescriber, 
23 dispenser, or patient information is discussed.
24  (34) Meetings of the Tax Increment Financing Reform 
25 Task Force under Section 2505-800 of the Department of 
26 Revenue Law of the Civil Administrative Code of Illinois. 
 
 
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1 (d) Definitions. For purposes of this Section:

2 "Employee" means a person employed by a public body whose 
3relationship
with the public body constitutes an 
4employer-employee relationship under
the usual common law 
5rules, and who is not an independent contractor.

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

7Constitution or laws of this State, the occupant of which is 
8charged with
the exercise of some portion of the sovereign 
9power of this State. The term
"public office" shall include 
10members of the public body, but it shall not
include 
11organizational positions filled by members thereof, whether

12established by law or by a public body itself, that exist to 
13assist the
body in the conduct of its business.

14 "Quasi-adjudicative body" means an administrative body 
15charged by law or
ordinance with the responsibility to conduct 
16hearings, receive evidence or
testimony and make 
17determinations based
thereon, but does not include
local 
18electoral boards when such bodies are considering petition 
19challenges.

20 (e) Final action. No final action may be taken at a closed 
21meeting.
Final action shall be preceded by a public recital of 
22the nature of the
matter being considered and other information 
23that will inform the
public of the business being conducted. 

24(Source: P.A. 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, 
25eff. 9-9-15; 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 
2699-687, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff. 
 
 
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18-31-17.)


2 Section 10. The Freedom of Information Act is amended by 
3changing Section 7 as follows:

4 (5 ILCS 140/7) (from Ch. 116, par. 207)
5 Sec. 7. Exemptions.

6 (1) When a request is made to inspect or copy a public 
7record that contains information that is exempt from disclosure 
8under this Section, but also contains information that is not 
9exempt from disclosure, the public body may elect to redact the 
10information that is exempt. The public body shall make the 
11remaining information available for inspection and copying. 
12Subject to this requirement, the following shall be exempt from 
13inspection and copying:


14  (a) Information specifically prohibited from 
15 disclosure by federal or
State law or rules and regulations 
16 implementing federal or State law.


17  (b) Private information, unless disclosure is required 
18 by another provision of this Act, a State or federal law or 
19 a court order. 
20  (b-5) Files, documents, and other data or databases 
21 maintained by one or more law enforcement agencies and 
22 specifically designed to provide information to one or more 
23 law enforcement agencies regarding the physical or mental 
24 status of one or more individual subjects. 
 
 
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1  (c) Personal information contained within public 
2 records, the disclosure of which would constitute a clearly

3 unwarranted invasion of personal privacy, unless the 
4 disclosure is
consented to in writing by the individual 
5 subjects of the information. "Unwarranted invasion of 
6 personal privacy" means the disclosure of information that 
7 is highly personal or objectionable to a reasonable person 
8 and in which the subject's right to privacy outweighs any 
9 legitimate public interest in obtaining the information. 
10 The
disclosure of information that bears on the public 
11 duties of public
employees and officials shall not be 
12 considered an invasion of personal
privacy.


13  (d) Records in the possession of any public body 
14 created in the course of administrative enforcement

15 proceedings, and any law enforcement or correctional 
16 agency for
law enforcement purposes,
but only to the extent 
17 that disclosure would:


18   (i) interfere with pending or actually and 
19 reasonably contemplated
law enforcement proceedings 
20 conducted by any law enforcement or correctional

21 agency that is the recipient of the request;


22   (ii) interfere with active administrative 
23 enforcement proceedings
conducted by the public body 
24 that is the recipient of the request;


25   (iii) create a substantial likelihood that a 
26 person will be deprived of a fair trial or an impartial 
 
 
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1 hearing;


2   (iv) unavoidably disclose the identity of a 
3 confidential source, confidential information 
4 furnished only by the confidential source, or persons 
5 who file complaints with or provide information to 
6 administrative, investigative, law enforcement, or 
7 penal agencies; except that the identities of 
8 witnesses to traffic accidents, traffic accident 
9 reports, and rescue reports shall be provided by 
10 agencies of local government, except when disclosure 
11 would interfere with an active criminal investigation 
12 conducted by the agency that is the recipient of the 
13 request;


14   (v) disclose unique or specialized investigative 
15 techniques other than
those generally used and known or 
16 disclose internal documents of
correctional agencies 
17 related to detection, observation or investigation of

18 incidents of crime or misconduct, and disclosure would 
19 result in demonstrable harm to the agency or public 
20 body that is the recipient of the request;


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


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


25  (d-5) A law enforcement record created for law 
26 enforcement purposes and contained in a shared electronic 
 
 
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1 record management system if the law enforcement agency that 
2 is the recipient of the request did not create the record, 
3 did not participate in or have a role in any of the events 
4 which are the subject of the record, and only has access to 
5 the record through the shared electronic record management 
6 system. 
7  (e) Records that relate to or affect the security of 
8 correctional
institutions and detention facilities.


9  (e-5) Records requested by persons committed to the 
10 Department of Corrections or a county jail if those 
11 materials are available in the library of the correctional 
12 facility or jail where the inmate is confined. 
13  (e-6) Records requested by persons committed to the 
14 Department of Corrections or a county jail if those 
15 materials include records from staff members' personnel 
16 files, staff rosters, or other staffing assignment 
17 information. 
18  (e-7) Records requested by persons committed to the 
19 Department of Corrections if those materials are available 
20 through an administrative request to the Department of 
21 Corrections. 
22  (e-8) Records requested by a person committed to the 
23 Department of Corrections or a county jail, the disclosure 
24 of which would result in the risk of harm to any person or 
25 the risk of an escape from a jail or correctional 
26 institution or facility.
 
 
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1  (e-9) Records requested by a person in a county jail or 
2 committed to the Department of Corrections containing 
3 personal information pertaining to the person's victim or 
4 the victim's family, including, but not limited to, a 
5 victim's home address, home telephone number, work or 
6 school address, work telephone number, social security 
7 number, or any other identifying information, except as may 
8 be relevant to a requester's current or potential case or 
9 claim. 
10  (e-10) Law enforcement records of other persons 
11 requested by a person committed to the Department of 
12 Corrections or a county jail, including, but not limited 
13 to, arrest and booking records, mug shots, and crime scene 
14 photographs, except as these records may be relevant to the 
15 requester's current or potential case or claim. 
16  (f) Preliminary drafts, notes, recommendations, 
17 memoranda and other
records in which opinions are 
18 expressed, or policies or actions are
formulated, except 
19 that a specific record or relevant portion of a
record 
20 shall not be exempt when the record is publicly cited
and 
21 identified by the head of the public body. The exemption 
22 provided in
this paragraph (f) extends to all those records 
23 of officers and agencies
of the General Assembly that 
24 pertain to the preparation of legislative
documents.


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


26  (h) Proposals and bids for any contract, grant, or 
 
 
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1 agreement, including
information which if it were 
2 disclosed would frustrate procurement or give
an advantage 
3 to any person proposing to enter into a contractor 
4 agreement
with the body, until an award or final selection 
5 is made. Information
prepared by or for the body in 
6 preparation of a bid solicitation shall be
exempt until an 
7 award or final selection is made.


8  (i) Valuable formulae,
computer geographic systems,

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

16 purpose of the request is to access and disseminate 
17 information regarding the
health, safety, welfare, or 
18 legal rights of the general public.


19  (j) The following information pertaining to 
20 educational matters:
21   (i) test questions, scoring keys and other 
22 examination data used to
administer an academic 
23 examination;


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


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

21 public as provided in the Open Meetings Act until the 
22 public body
makes the minutes available to the public under 
23 Section 2.06 of the Open
Meetings Act.


24  (m) Communications between a public body and an 
25 attorney or auditor
representing the public body that would 
26 not be subject to discovery in
litigation, and materials 
 
 
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1 prepared or compiled by or for a public body in

2 anticipation of a criminal, civil or administrative 
3 proceeding upon the
request of an attorney advising the 
4 public body, and materials prepared or
compiled with 
5 respect to internal audits of public bodies.


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


10  (o) Administrative or technical information associated 
11 with automated
data processing operations, including but 
12 not limited to software,
operating protocols, computer 
13 program abstracts, file layouts, source
listings, object 
14 modules, load modules, user guides, documentation

15 pertaining to all logical and physical design of 
16 computerized systems,
employee manuals, and any other 
17 information that, if disclosed, would
jeopardize the 
18 security of the system or its data or the security of

19 materials exempt under this Section.


20  (p) Records relating to collective negotiating matters

21 between public bodies and their employees or 
22 representatives, except that
any final contract or 
23 agreement and any agreement that is the subject of a public 
24 meeting held under subsection (e) of Section 7 of the 
25 Illinois Public Labor Relations Act or subsection (d) of 
26 Section 10 of the Illinois Educational Labor Relations Act 
 
 
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1 shall be subject to inspection and copying.


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


5  (r) The records, documents, and information relating 
6 to real estate
purchase negotiations until those 
7 negotiations have been completed or
otherwise terminated. 
8 With regard to a parcel involved in a pending or
actually 
9 and reasonably contemplated eminent domain proceeding 
10 under the Eminent Domain Act, records, documents and

11 information relating to that parcel shall be exempt except 
12 as may be
allowed under discovery rules adopted by the 
13 Illinois Supreme Court. The
records, documents and 
14 information relating to a real estate sale shall be
exempt 
15 until a sale is consummated.


16  (s) Any and all proprietary information and records 
17 related to the
operation of an intergovernmental risk 
18 management association or
self-insurance pool or jointly 
19 self-administered health and accident
cooperative or pool.

20 Insurance or self insurance (including any 
21 intergovernmental risk management association or self 
22 insurance pool) claims, loss or risk management 
23 information, records, data, advice or communications. 

24  (t) Information contained in or related to 
25 examination, operating, or
condition reports prepared by, 
26 on behalf of, or for the use of a public
body responsible 
 
 
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1 for the regulation or supervision of financial

2 institutions or insurance companies, unless disclosure is 
3 otherwise
required by State law.


4  (u) Information that would disclose
or might lead to 
5 the disclosure of
secret or confidential information, 
6 codes, algorithms, programs, or private
keys intended to be 
7 used to create electronic or digital signatures under the

8 Electronic Commerce Security Act.


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


23  (w) (Blank). 
24  (x) Maps and other records regarding the location or 
25 security of generation, transmission, distribution, 
26 storage, gathering,
treatment, or switching facilities 
 
 
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1 owned by a utility, by a power generator, or by the 
2 Illinois Power Agency.


3  (y) Information contained in or related to proposals, 
4 bids, or negotiations related to electric power 
5 procurement under Section 1-75 of the Illinois Power Agency 
6 Act and Section 16-111.5 of the Public Utilities Act that 
7 is determined to be confidential and proprietary by the 
8 Illinois Power Agency or by the Illinois Commerce 
9 Commission.

10  (z) Information about students exempted from 
11 disclosure under Sections 10-20.38 or 34-18.29 of the 
12 School Code, and information about undergraduate students 
13 enrolled at an institution of higher education exempted 
14 from disclosure under Section 25 of the Illinois Credit 
15 Card Marketing Act of 2009. 
16  (aa) Information the disclosure of which is
exempted 
17 under the Viatical Settlements Act of 2009.

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


23(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642, 
24eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17.)

25 Section 15. The Illinois Public Labor Relations Act is 
 
 
HB4841- 23 -LRB100 16328 RJF 31454 b


1amended by changing Sections 7 and 24 as follows:




2 (5 ILCS 315/7) (from Ch. 48, par. 1607)



3 Sec. 7. Duty to bargain. 
4 (a) A public employer and the exclusive representative
have 
5the authority and the duty to bargain collectively set forth in 
6this
Section.

7 For the purposes of this Act, "to bargain collectively" 
8means the performance
of the mutual obligation of the public 
9employer or his designated
representative and the 
10representative of the public employees to meet at
reasonable 
11times, including meetings in advance of the budget-making 
12process,
and to negotiate in good faith with respect to wages, 
13hours, and other
conditions
of employment, not excluded by 
14Section 4 of this Act, or the negotiation
of an agreement, or 
15any question arising
thereunder and the execution of a written 
16contract incorporating any agreement
reached if requested by 
17either party, but such obligation does not compel
either party 
18to agree to a proposal or require the making of a concession.

19 The duty "to bargain collectively" shall also include an 
20obligation to
negotiate over any matter with respect to wages, 
21hours and other conditions
of employment, not specifically 
22provided for in any other law or not specifically
in violation 
23of the provisions
of any law. If any other law pertains, in 
24part, to a matter affecting
the wages, hours and other 
25conditions of employment, such other law shall
not be construed 
 
 
HB4841- 24 -LRB100 16328 RJF 31454 b


1as limiting the duty "to bargain collectively" and to enter

2into collective bargaining agreements containing clauses which 
3either supplement,
implement, or relate to the effect of such 
4provisions in other laws.

5 The duty "to bargain collectively" shall also include 
6negotiations
as to the terms of a collective bargaining 
7agreement.
The parties may, by mutual agreement, provide for 
8arbitration of impasses
resulting from their inability to agree 
9upon wages, hours and terms and
conditions of employment to be 
10included in a collective bargaining agreement.
Such 
11arbitration provisions shall be subject to the Illinois 
12"Uniform Arbitration
Act" unless agreed by the parties.

13 The duty "to bargain collectively" shall also mean that no 
14party to a collective
bargaining contract shall terminate or 
15modify such contract, unless the
party desiring such 
16termination or modification:

17  (1) serves a written notice upon the other party to the 
18 contract of the
proposed termination or modification 60 
19 days prior to the expiration date
thereof, or in the event 
20 such contract contains no expiration date, 60 days
prior to 
21 the time it is proposed to make such termination or 
22 modification;

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

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

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

8 The duties imposed upon employers, employees and labor 
9organizations by
paragraphs (2), (3) and (4) shall become 
10inapplicable upon an intervening
certification of the Board, 
11under which the labor organization, which is
a party to the 
12contract, has been superseded as or ceased to be the exclusive

13representative
of the employees pursuant to the provisions of 
14subsection (a) of Section
9, and the duties so imposed shall 
15not be construed as requiring either
party to discuss or agree 
16to any modification of the terms and conditions
contained in a 
17contract for a fixed period, if such modification is to become

18effective before such terms and conditions can be reopened 
19under the provisions
of the contract.

20 (b) Collective bargaining for home care and home health 
21workers who function as personal assistants and individual 
22maintenance home health workers
under
the Home Services Program 
23shall be limited to the terms and conditions of
employment

24under the State's control, as defined in Public Act 93-204 or 
25this amendatory Act of the 97th General Assembly, as 
26applicable. 

 
 
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1 (c) Collective bargaining for child and day care home 
2providers under the child care assistance program shall be 
3limited to the terms and conditions of employment under the 
4State's control, as defined in this amendatory Act of the 94th 
5General Assembly.

6 (d) Notwithstanding any other provision of this Section, 
7whenever collective bargaining is for the purpose of 
8establishing an initial agreement following original 
9certification of units with fewer than 35 employees, with 
10respect to public employees other than peace officers, fire 
11fighters, and security employees, the following apply:
12  (1) Not later than 10 days after receiving a written 
13 request for collective bargaining from a labor 
14 organization that has been newly certified as a 
15 representative as defined in Section 6(c), or within such 
16 further period as the parties agree upon, the parties shall 
17 meet and commence to bargain collectively and shall make 
18 every reasonable effort to conclude and sign a collective 
19 bargaining agreement.
20  (2) If anytime after the expiration of the 90-day 
21 period beginning on the date on which bargaining is 
22 commenced the parties have failed to reach an agreement, 
23 either party may notify the Illinois Public Labor Relations 
24 Board of the existence of a dispute and request mediation 
25 in accordance with the provisions of Section 14 of this 
26 Act.
 
 
HB4841- 27 -LRB100 16328 RJF 31454 b


1  (3) If after the expiration of the 30-day period 
2 beginning on the date on which mediation commenced, or such 
3 additional period as the parties may agree upon, the 
4 mediator is not able to bring the parties to agreement by 
5 conciliation, either the exclusive representative of the 
6 employees or the employer may request of the other, in 
7 writing, arbitration and shall submit a copy of the request 
8 to the board. Upon submission of the request for 
9 arbitration, the parties shall be required to participate 
10 in the impasse arbitration procedures set forth in Section 
11 14 of this Act, except the right to strike shall not be 
12 considered waived pursuant to Section 17 of this Act, until 
13 the actual convening of the arbitration hearing. 
14 (e) Notwithstanding any other provision of this Act, once 
15an agreement is reached between a public employer and the 
16exclusive representative of a bargaining unit concerning all of 
17the terms of a collective bargaining agreement, that
agreement 
18shall be reduced to writing and published on the website of the 
19public employer. Not less than 14 days after publication of the 
20agreement on its website, the public employer shall hold an 
21open public meeting on ratification of the agreement. No 
22agreement concerning all of the terms of a collective 
23bargaining agreement shall be ratified by the parties until 
24after the public employer publishes the agreement on its 
25website and holds an open public meeting on ratification of the 
26agreement as required under this subsection (e). Upon 
 
 
HB4841- 28 -LRB100 16328 RJF 31454 b


1ratification, the agreement shall be signed by the parties. 
2Rejection of an agreement by either the public employer or the 
3exclusive representative of the bargaining unit shall not 
4constitute an unfair labor practice.
5 (f) No collective bargaining agreement shall be binding on 
6any government agency until it has been ratified by a majority 
7vote of the agency's governing body, with that vote taking 
8place after the public meeting described in subsection (e) of 
9this Section.
10 (g) In addition to any collective bargaining agreement 
11under this Section, any contract between a public employer and 
12an employee where the total compensation exceeds $150,000 shall 
13also be published on the employer's website for a period of not 
14less than 14 days prior to being signed by both the employer 
15and the employee.
16 If a public contract requires board approval before it may 
17take effect, then not less than 14 days after publication of 
18the contract on its website, the public employer shall hold an 
19open public meeting on the contract. No contract shall take 
20effect until after the public employer publishes the contract 
21on its website and holds an open public meeting on the contract 
22as required under this subsection (g).
23(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)





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



25 Sec. 24. Meetings. Except as provided in Section 7 of this 
 
 
HB4841- 29 -LRB100 16328 RJF 31454 b


1Act, the The provisions of the Open Meetings Act shall not

2apply to collective bargaining negotiations and grievance 
3arbitration conducted
pursuant to this Act.

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


5 Section 20. The Illinois Educational Labor Relations Act is 
6amended by changing Sections 10 and 18 as follows:




7 (115 ILCS 5/10) (from Ch. 48, par. 1710)



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

9the exclusive representative have the authority and the duty to 
10bargain
collectively as set forth in this Section. Collective 
11bargaining is the
performance of the mutual obligations of the 
12educational employer and the
representative of the educational 
13employees to meet at reasonable times and
confer in good faith 
14with respect to wages, hours and other terms and
conditions of 
15employment, and to execute a written contract incorporating
any 
16agreement reached by such obligation, provided such obligation 
17does not
compel either party to agree to a proposal or require 
18the making of a concession.

19 (b) The parties to the collective bargaining process shall 
20not effect
or implement a provision in a collective bargaining 
21agreement if the
implementation of that provision would be in 
22violation of, or inconsistent
with, or in conflict with any 
23statute or statutes enacted by the General
Assembly of 
24Illinois. The parties to the collective bargaining process
may 
 
 
HB4841- 30 -LRB100 16328 RJF 31454 b


1effect or implement a provision in a collective bargaining 
2agreement if
the implementation of that provision has the 
3effect of supplementing any
provision in any statute or 
4statutes enacted by the General Assembly of
Illinois pertaining 
5to wages, hours or other conditions of employment;
provided 
6however, no provision in a collective bargaining agreement may 
7be
effected or implemented if such provision has the effect of 
8negating,
abrogating, replacing, reducing, diminishing, or 
9limiting in any way any
employee rights, guarantees or 
10privileges pertaining to wages, hours or
other conditions of 
11employment provided in such statutes. Any provision in
a 
12collective bargaining agreement which has the effect of 
13negating,
abrogating, replacing, reducing, diminishing or 
14limiting in any way any
employee rights, guarantees or 
15privileges provided in an Illinois statute or
statutes shall be 
16void and unenforceable, but shall not affect the
validity, 
17enforceability and implementation of other permissible 
18provisions
of the collective bargaining agreement.

19 (c) The collective bargaining agreement negotiated between 
20representatives
of the educational employees and the 
21educational employer shall contain
a grievance resolution 
22procedure which shall apply to all employees in the
unit and 
23shall provide for binding arbitration of disputes concerning 
24the
administration or interpretation of the agreement. The 
25agreement shall
also contain appropriate language prohibiting 
26strikes for the duration of
the agreement. The costs of such 
 
 
HB4841- 31 -LRB100 16328 RJF 31454 b


1arbitration shall be borne equally by the
educational employer 
2and the employee organization.

3 (d) Notwithstanding any other provision of this Act, once 
4Once an agreement is reached between representatives of the 
5educational
employees and the educational employer concerning 
6the terms of a collective bargaining agreement, that and is 
7ratified by both parties, the
agreement shall be reduced to 
8writing and published on the website of the educational 
9employer. Not less than 14 days after publication of the 
10agreement on its website, the educational employer shall hold 
11an open public meeting on ratification of the agreement. No 
12agreement concerning all of the terms of a collective 
13bargaining agreement shall be ratified by the parties until 
14after the educational employer publishes the agreement on its 
15website and holds an open public meeting on ratification of the 
16agreement as required under this subsection (d). Upon 
17ratification, the agreement shall be signed by the parties. 
18Rejection of an agreement by the educational employer or by the 
19exclusive representative of the educational employees shall 
20not constitute an unfair labor practice. 

21 (e) No collective bargaining agreement shall be binding on 
22any school board until it has been ratified by a majority vote 
23of the district's school board, with that vote taking place 
24after the public meeting described in subsection (d) of this 
25Section. 
26(Source: P.A. 84-832.)





 
 
HB4841- 32 -LRB100 16328 RJF 31454 b


1 (115 ILCS 5/18) (from Ch. 48, par. 1718)



2 Sec. 18. Meetings. Except as provided in Section 10 of this 
3Act, the The provisions of the Open Meetings Act shall not

4apply to collective bargaining negotiations and grievance 
5arbitrations conducted
pursuant to this Act.

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



7 Section 99. Effective date. This Act takes effect upon 
8becoming law.