Illinois General Assembly - Full Text of HB4841
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Full Text of HB4841  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Jeanne M Ives


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.

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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
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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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
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



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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



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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



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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.



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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



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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



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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



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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



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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
26(Source: P.A. 84-832.)



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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.