State of Illinois
2015 and 2016


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.

LRB099 16282 HLH 40612 b





HB4583LRB099 16282 HLH 40612 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees of the public body or legal counsel for the
23    public body, including hearing testimony on a complaint



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1    lodged against an employee of the public body or against
2    legal counsel for the public body to determine its
3    validity.
4        (2) Collective negotiating matters between the public
5    body and its employees or their representatives, or
6    deliberations concerning salary schedules for one or more
7    classes of employees, except that any meeting required
8    under either subsection (e) of Section 7 of the Illinois
9    Public Labor Relations Act or subsection (d) of Section 10
10    of the Illinois Educational Labor Relations Act shall be
11    open to the public.
12        (3) The selection of a person to fill a public office,
13    as defined in this Act, including a vacancy in a public
14    office, when the public body is given power to appoint
15    under law or ordinance, or the discipline, performance or
16    removal of the occupant of a public office, when the public
17    body is given power to remove the occupant under law or
18    ordinance.
19        (4) Evidence or testimony presented in open hearing, or
20    in closed hearing where specifically authorized by law, to
21    a quasi-adjudicative body, as defined in this Act, provided
22    that the body prepares and makes available for public
23    inspection a written decision setting forth its
24    determinative reasoning.
25        (5) The purchase or lease of real property for the use
26    of the public body, including meetings held for the purpose



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1    of discussing whether a particular parcel should be
2    acquired.
3        (6) The setting of a price for sale or lease of
4    property owned by the public body.
5        (7) The sale or purchase of securities, investments, or
6    investment contracts. This exception shall not apply to the
7    investment of assets or income of funds deposited into the
8    Illinois Prepaid Tuition Trust Fund.
9        (8) Security procedures, school building safety and
10    security, and the use of personnel and equipment to respond
11    to an actual, a threatened, or a reasonably potential
12    danger to the safety of employees, students, staff, the
13    public, or public property.
14        (9) Student disciplinary cases.
15        (10) The placement of individual students in special
16    education programs and other matters relating to
17    individual students.
18        (11) Litigation, when an action against, affecting or
19    on behalf of the particular public body has been filed and
20    is pending before a court or administrative tribunal, or
21    when the public body finds that an action is probable or
22    imminent, in which case the basis for the finding shall be
23    recorded and entered into the minutes of the closed
24    meeting.
25        (12) The establishment of reserves or settlement of
26    claims as provided in the Local Governmental and



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1    Governmental Employees Tort Immunity Act, if otherwise the
2    disposition of a claim or potential claim might be
3    prejudiced, or the review or discussion of claims, loss or
4    risk management information, records, data, advice or
5    communications from or with respect to any insurer of the
6    public body or any intergovernmental risk management
7    association or self insurance pool of which the public body
8    is a member.
9        (13) Conciliation of complaints of discrimination in
10    the sale or rental of housing, when closed meetings are
11    authorized by the law or ordinance prescribing fair housing
12    practices and creating a commission or administrative
13    agency for their enforcement.
14        (14) Informant sources, the hiring or assignment of
15    undercover personnel or equipment, or ongoing, prior or
16    future criminal investigations, when discussed by a public
17    body with criminal investigatory responsibilities.
18        (15) Professional ethics or performance when
19    considered by an advisory body appointed to advise a
20    licensing or regulatory agency on matters germane to the
21    advisory body's field of competence.
22        (16) Self evaluation, practices and procedures or
23    professional ethics, when meeting with a representative of
24    a statewide association of which the public body is a
25    member.
26        (17) The recruitment, credentialing, discipline or



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1    formal peer review of physicians or other health care
2    professionals for a hospital, or other institution
3    providing medical care, that is operated by the public
4    body.
5        (18) Deliberations for decisions of the Prisoner
6    Review Board.
7        (19) Review or discussion of applications received
8    under the Experimental Organ Transplantation Procedures
9    Act.
10        (20) The classification and discussion of matters
11    classified as confidential or continued confidential by
12    the State Government Suggestion Award Board.
13        (21) Discussion of minutes of meetings lawfully closed
14    under this Act, whether for purposes of approval by the
15    body of the minutes or semi-annual review of the minutes as
16    mandated by Section 2.06.
17        (22) Deliberations for decisions of the State
18    Emergency Medical Services Disciplinary Review Board.
19        (23) The operation by a municipality of a municipal
20    utility or the operation of a municipal power agency or
21    municipal natural gas agency when the discussion involves
22    (i) contracts relating to the purchase, sale, or delivery
23    of electricity or natural gas or (ii) the results or
24    conclusions of load forecast studies.
25        (24) Meetings of a residential health care facility
26    resident sexual assault and death review team or the



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1    Executive Council under the Abuse Prevention Review Team
2    Act.
3        (25) Meetings of an independent team of experts under
4    Brian's Law.
5        (26) Meetings of a mortality review team appointed
6    under the Department of Juvenile Justice Mortality Review
7    Team Act.
8        (27) (Blank).
9        (28) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Public Aid Code or (ii)
11    that pertain to appeals under Section 11-8 of the Public
12    Aid Code.
13        (29) Meetings between internal or external auditors
14    and governmental audit committees, finance committees, and
15    their equivalents, when the discussion involves internal
16    control weaknesses, identification of potential fraud risk
17    areas, known or suspected frauds, and fraud interviews
18    conducted in accordance with generally accepted auditing
19    standards of the United States of America.
20        (30) Those meetings or portions of meetings of a
21    fatality review team or the Illinois Fatality Review Team
22    Advisory Council during which a review of the death of an
23    eligible adult in which abuse or neglect is suspected,
24    alleged, or substantiated is conducted pursuant to Section
25    15 of the Adult Protective Services Act.
26        (31) Meetings and deliberations for decisions of the



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1    Concealed Carry Licensing Review Board under the Firearm
2    Concealed Carry Act.
3        (32) Meetings between the Regional Transportation
4    Authority Board and its Service Boards when the discussion
5    involves review by the Regional Transportation Authority
6    Board of employment contracts under Section 28d of the
7    Metropolitan Transit Authority Act and Sections 3A.18 and
8    3B.26 of the Regional Transportation Authority Act.
9        (33) Those meetings meeting or portions of meetings of
10    the advisory committee and peer review subcommittee
11    created under Section 320 of the Illinois Controlled
12    Substances Act during which specific controlled substance
13    prescriber, dispenser, or patient information is
14    discussed.
15    (d) Definitions. For purposes of this Section:
16    "Employee" means a person employed by a public body whose
17relationship with the public body constitutes an
18employer-employee relationship under the usual common law
19rules, and who is not an independent contractor.
20    "Public office" means a position created by or under the
21Constitution or laws of this State, the occupant of which is
22charged with the exercise of some portion of the sovereign
23power of this State. The term "public office" shall include
24members of the public body, but it shall not include
25organizational positions filled by members thereof, whether
26established by law or by a public body itself, that exist to



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1assist the body in the conduct of its business.
2    "Quasi-adjudicative body" means an administrative body
3charged by law or ordinance with the responsibility to conduct
4hearings, receive evidence or testimony and make
5determinations based thereon, but does not include local
6electoral boards when such bodies are considering petition
8    (e) Final action. No final action may be taken at a closed
9meeting. Final action shall be preceded by a public recital of
10the nature of the matter being considered and other information
11that will inform the public of the business being conducted.
12(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
13eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
1499-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
15revised 10-14-15.)
16    Section 10. The Freedom of Information Act is amended by
17changing Section 7 as follows:
18    (5 ILCS 140/7)  (from Ch. 116, par. 207)
19    Sec. 7. Exemptions.
20    (1) When a request is made to inspect or copy a public
21record that contains information that is exempt from disclosure
22under this Section, but also contains information that is not
23exempt from disclosure, the public body may elect to redact the
24information that is exempt. The public body shall make the



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1remaining information available for inspection and copying.
2Subject to this requirement, the following shall be exempt from
3inspection and copying:
4        (a) Information specifically prohibited from
5    disclosure by federal or State law or rules and regulations
6    implementing federal or State law.
7        (b) Private information, unless disclosure is required
8    by another provision of this Act, a State or federal law or
9    a court order.
10        (b-5) Files, documents, and other data or databases
11    maintained by one or more law enforcement agencies and
12    specifically designed to provide information to one or more
13    law enforcement agencies regarding the physical or mental
14    status of one or more individual subjects.
15        (c) Personal information contained within public
16    records, the disclosure of which would constitute a clearly
17    unwarranted invasion of personal privacy, unless the
18    disclosure is consented to in writing by the individual
19    subjects of the information. "Unwarranted invasion of
20    personal privacy" means the disclosure of information that
21    is highly personal or objectionable to a reasonable person
22    and in which the subject's right to privacy outweighs any
23    legitimate public interest in obtaining the information.
24    The disclosure of information that bears on the public
25    duties of public employees and officials shall not be
26    considered an invasion of personal privacy.



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1        (d) Records in the possession of any public body
2    created in the course of administrative enforcement
3    proceedings, and any law enforcement or correctional
4    agency for law enforcement purposes, but only to the extent
5    that disclosure would:
6            (i) interfere with pending or actually and
7        reasonably contemplated law enforcement proceedings
8        conducted by any law enforcement or correctional
9        agency that is the recipient of the request;
10            (ii) interfere with active administrative
11        enforcement proceedings conducted by the public body
12        that is the recipient of the request;
13            (iii) create a substantial likelihood that a
14        person will be deprived of a fair trial or an impartial
15        hearing;
16            (iv) unavoidably disclose the identity of a
17        confidential source, confidential information
18        furnished only by the confidential source, or persons
19        who file complaints with or provide information to
20        administrative, investigative, law enforcement, or
21        penal agencies; except that the identities of
22        witnesses to traffic accidents, traffic accident
23        reports, and rescue reports shall be provided by
24        agencies of local government, except when disclosure
25        would interfere with an active criminal investigation
26        conducted by the agency that is the recipient of the



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1        request;
2            (v) disclose unique or specialized investigative
3        techniques other than those generally used and known or
4        disclose internal documents of correctional agencies
5        related to detection, observation or investigation of
6        incidents of crime or misconduct, and disclosure would
7        result in demonstrable harm to the agency or public
8        body that is the recipient of the request;
9            (vi) endanger the life or physical safety of law
10        enforcement personnel or any other person; or
11            (vii) obstruct an ongoing criminal investigation
12        by the agency that is the recipient of the request.
13        (d-5) A law enforcement record created for law
14    enforcement purposes and contained in a shared electronic
15    record management system if the law enforcement agency that
16    is the recipient of the request did not create the record,
17    did not participate in or have a role in any of the events
18    which are the subject of the record, and only has access to
19    the record through the shared electronic record management
20    system.
21        (e) Records that relate to or affect the security of
22    correctional institutions and detention facilities.
23        (e-5) Records requested by persons committed to the
24    Department of Corrections if those materials are available
25    in the library of the correctional facility where the
26    inmate is confined.



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1        (e-6) Records requested by persons committed to the
2    Department of Corrections if those materials include
3    records from staff members' personnel files, staff
4    rosters, or other staffing assignment information.
5        (e-7) Records requested by persons committed to the
6    Department of Corrections if those materials are available
7    through an administrative request to the Department of
8    Corrections.
9        (f) Preliminary drafts, notes, recommendations,
10    memoranda and other records in which opinions are
11    expressed, or policies or actions are formulated, except
12    that a specific record or relevant portion of a record
13    shall not be exempt when the record is publicly cited and
14    identified by the head of the public body. The exemption
15    provided in this paragraph (f) extends to all those records
16    of officers and agencies of the General Assembly that
17    pertain to the preparation of legislative documents.
18        (g) Trade secrets and commercial or financial
19    information obtained from a person or business where the
20    trade secrets or commercial or financial information are
21    furnished under a claim that they are proprietary,
22    privileged or confidential, and that disclosure of the
23    trade secrets or commercial or financial information would
24    cause competitive harm to the person or business, and only
25    insofar as the claim directly applies to the records
26    requested.



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1        The information included under this exemption includes
2    all trade secrets and commercial or financial information
3    obtained by a public body, including a public pension fund,
4    from a private equity fund or a privately held company
5    within the investment portfolio of a private equity fund as
6    a result of either investing or evaluating a potential
7    investment of public funds in a private equity fund. The
8    exemption contained in this item does not apply to the
9    aggregate financial performance information of a private
10    equity fund, nor to the identity of the fund's managers or
11    general partners. The exemption contained in this item does
12    not apply to the identity of a privately held company
13    within the investment portfolio of a private equity fund,
14    unless the disclosure of the identity of a privately held
15    company may cause competitive harm.
16        Nothing contained in this paragraph (g) shall be
17    construed to prevent a person or business from consenting
18    to disclosure.
19        (h) Proposals and bids for any contract, grant, or
20    agreement, including information which if it were
21    disclosed would frustrate procurement or give an advantage
22    to any person proposing to enter into a contractor
23    agreement with the body, until an award or final selection
24    is made. Information prepared by or for the body in
25    preparation of a bid solicitation shall be exempt until an
26    award or final selection is made.



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1        (i) Valuable formulae, computer geographic systems,
2    designs, drawings and research data obtained or produced by
3    any public body when disclosure could reasonably be
4    expected to produce private gain or public loss. The
5    exemption for "computer geographic systems" provided in
6    this paragraph (i) does not extend to requests made by news
7    media as defined in Section 2 of this Act when the
8    requested information is not otherwise exempt and the only
9    purpose of the request is to access and disseminate
10    information regarding the health, safety, welfare, or
11    legal rights of the general public.
12        (j) The following information pertaining to
13    educational matters:
14            (i) test questions, scoring keys and other
15        examination data used to administer an academic
16        examination;
17            (ii) information received by a primary or
18        secondary school, college, or university under its
19        procedures for the evaluation of faculty members by
20        their academic peers;
21            (iii) information concerning a school or
22        university's adjudication of student disciplinary
23        cases, but only to the extent that disclosure would
24        unavoidably reveal the identity of the student; and
25            (iv) course materials or research materials used
26        by faculty members.



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1        (k) Architects' plans, engineers' technical
2    submissions, and other construction related technical
3    documents for projects not constructed or developed in
4    whole or in part with public funds and the same for
5    projects constructed or developed with public funds,
6    including but not limited to power generating and
7    distribution stations and other transmission and
8    distribution facilities, water treatment facilities,
9    airport facilities, sport stadiums, convention centers,
10    and all government owned, operated, or occupied buildings,
11    but only to the extent that disclosure would compromise
12    security.
13        (l) Minutes of meetings of public bodies closed to the
14    public as provided in the Open Meetings Act until the
15    public body makes the minutes available to the public under
16    Section 2.06 of the Open Meetings Act.
17        (m) Communications between a public body and an
18    attorney or auditor representing the public body that would
19    not be subject to discovery in litigation, and materials
20    prepared or compiled by or for a public body in
21    anticipation of a criminal, civil or administrative
22    proceeding upon the request of an attorney advising the
23    public body, and materials prepared or compiled with
24    respect to internal audits of public bodies.
25        (n) Records relating to a public body's adjudication of
26    employee grievances or disciplinary cases; however, this



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1    exemption shall not extend to the final outcome of cases in
2    which discipline is imposed.
3        (o) Administrative or technical information associated
4    with automated data processing operations, including but
5    not limited to software, operating protocols, computer
6    program abstracts, file layouts, source listings, object
7    modules, load modules, user guides, documentation
8    pertaining to all logical and physical design of
9    computerized systems, employee manuals, and any other
10    information that, if disclosed, would jeopardize the
11    security of the system or its data or the security of
12    materials exempt under this Section.
13        (p) Records relating to collective negotiating matters
14    between public bodies and their employees or
15    representatives, except that any final contract or
16    agreement and any agreement that is the subject of a
17    meeting held pursuant to either subsection (e) of Section 7
18    of the Illinois Public Labor Relations Act or subsection
19    (d) of Section 10 of the Illinois Educational Labor
20    Relations Act shall be subject to inspection and copying.
21        (q) Test questions, scoring keys, and other
22    examination data used to determine the qualifications of an
23    applicant for a license or employment.
24        (r) The records, documents, and information relating
25    to real estate purchase negotiations until those
26    negotiations have been completed or otherwise terminated.



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1    With regard to a parcel involved in a pending or actually
2    and reasonably contemplated eminent domain proceeding
3    under the Eminent Domain Act, records, documents and
4    information relating to that parcel shall be exempt except
5    as may be allowed under discovery rules adopted by the
6    Illinois Supreme Court. The records, documents and
7    information relating to a real estate sale shall be exempt
8    until a sale is consummated.
9        (s) Any and all proprietary information and records
10    related to the operation of an intergovernmental risk
11    management association or self-insurance pool or jointly
12    self-administered health and accident cooperative or pool.
13    Insurance or self insurance (including any
14    intergovernmental risk management association or self
15    insurance pool) claims, loss or risk management
16    information, records, data, advice or communications.
17        (t) Information contained in or related to
18    examination, operating, or condition reports prepared by,
19    on behalf of, or for the use of a public body responsible
20    for the regulation or supervision of financial
21    institutions or insurance companies, unless disclosure is
22    otherwise required by State law.
23        (u) Information that would disclose or might lead to
24    the disclosure of secret or confidential information,
25    codes, algorithms, programs, or private keys intended to be
26    used to create electronic or digital signatures under the



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1    Electronic Commerce Security Act.
2        (v) Vulnerability assessments, security measures, and
3    response policies or plans that are designed to identify,
4    prevent, or respond to potential attacks upon a community's
5    population or systems, facilities, or installations, the
6    destruction or contamination of which would constitute a
7    clear and present danger to the health or safety of the
8    community, but only to the extent that disclosure could
9    reasonably be expected to jeopardize the effectiveness of
10    the measures or the safety of the personnel who implement
11    them or the public. Information exempt under this item may
12    include such things as details pertaining to the
13    mobilization or deployment of personnel or equipment, to
14    the operation of communication systems or protocols, or to
15    tactical operations.
16        (w) (Blank).
17        (x) Maps and other records regarding the location or
18    security of generation, transmission, distribution,
19    storage, gathering, treatment, or switching facilities
20    owned by a utility, by a power generator, or by the
21    Illinois Power Agency.
22        (y) Information contained in or related to proposals,
23    bids, or negotiations related to electric power
24    procurement under Section 1-75 of the Illinois Power Agency
25    Act and Section 16-111.5 of the Public Utilities Act that
26    is determined to be confidential and proprietary by the



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1    Illinois Power Agency or by the Illinois Commerce
2    Commission.
3        (z) Information about students exempted from
4    disclosure under Sections 10-20.38 or 34-18.29 of the
5    School Code, and information about undergraduate students
6    enrolled at an institution of higher education exempted
7    from disclosure under Section 25 of the Illinois Credit
8    Card Marketing Act of 2009.
9        (aa) Information the disclosure of which is exempted
10    under the Viatical Settlements Act of 2009.
11        (bb) Records and information provided to a mortality
12    review team and records maintained by a mortality review
13    team appointed under the Department of Juvenile Justice
14    Mortality Review Team Act.
15        (cc) Information regarding interments, entombments, or
16    inurnments of human remains that are submitted to the
17    Cemetery Oversight Database under the Cemetery Care Act or
18    the Cemetery Oversight Act, whichever is applicable.
19        (dd) Correspondence and records (i) that may not be
20    disclosed under Section 11-9 of the Public Aid Code or (ii)
21    that pertain to appeals under Section 11-8 of the Public
22    Aid Code.
23        (ee) The names, addresses, or other personal
24    information of persons who are minors and are also
25    participants and registrants in programs of park
26    districts, forest preserve districts, conservation



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1    districts, recreation agencies, and special recreation
2    associations.
3        (ff) The names, addresses, or other personal
4    information of participants and registrants in programs of
5    park districts, forest preserve districts, conservation
6    districts, recreation agencies, and special recreation
7    associations where such programs are targeted primarily to
8    minors.
9        (gg) Confidential information described in Section
10    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to the
18    Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request to
24    the Department of Human Services or the Department of
25    Corrections.
26        jj (ii) Confidential information described in Section



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1    5-535 of the Civil Administrative Code of Illinois.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the public,
14except as stated in this Section or otherwise provided in this
16(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1798-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
18revised 10-14-15.)
19    Section 15. The Illinois Public Labor Relations Act is
20amended by changing Sections 7 and 24 as follows:
21    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
22    Sec. 7. Duty to bargain.
23    (a) A public employer and the exclusive representative have
24the authority and the duty to bargain collectively set forth in



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1this Section.
2    For the purposes of this Act, "to bargain collectively"
3means the performance of the mutual obligation of the public
4employer or his designated representative and the
5representative of the public employees to meet at reasonable
6times, including meetings in advance of the budget-making
7process, and to negotiate in good faith with respect to wages,
8hours, and other conditions of employment, not excluded by
9Section 4 of this Act, or the negotiation of an agreement, or
10any question arising thereunder and the execution of a written
11contract incorporating any agreement reached if requested by
12either party, but such obligation does not compel either party
13to agree to a proposal or require the making of a concession.
14    The duty "to bargain collectively" shall also include an
15obligation to negotiate over any matter with respect to wages,
16hours and other conditions of employment, not specifically
17provided for in any other law or not specifically in violation
18of the provisions of any law. If any other law pertains, in
19part, to a matter affecting the wages, hours and other
20conditions of employment, such other law shall not be construed
21as limiting the duty "to bargain collectively" and to enter
22into collective bargaining agreements containing clauses which
23either supplement, implement, or relate to the effect of such
24provisions in other laws.
25    The duty "to bargain collectively" shall also include
26negotiations as to the terms of a collective bargaining



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1agreement. The parties may, by mutual agreement, provide for
2arbitration of impasses resulting from their inability to agree
3upon wages, hours and terms and conditions of employment to be
4included in a collective bargaining agreement. Such
5arbitration provisions shall be subject to the Illinois
6"Uniform Arbitration Act" unless agreed by the parties.
7    The duty "to bargain collectively" shall also mean that no
8party to a collective bargaining contract shall terminate or
9modify such contract, unless the party desiring such
10termination or modification:
11        (1) serves a written notice upon the other party to the
12    contract of the proposed termination or modification 60
13    days prior to the expiration date thereof, or in the event
14    such contract contains no expiration date, 60 days prior to
15    the time it is proposed to make such termination or
16    modification;
17        (2) offers to meet and confer with the other party for
18    the purpose of negotiating a new contract or a contract
19    containing the proposed modifications;
20        (3) notifies the Board within 30 days after such notice
21    of the existence of a dispute, provided no agreement has
22    been reached by that time; and
23        (4) continues in full force and effect, without
24    resorting to strike or lockout, all the terms and
25    conditions of the existing contract for a period of 60 days
26    after such notice is given to the other party or until the



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1    expiration date of such contract, whichever occurs later.
2    The duties imposed upon employers, employees and labor
3organizations by paragraphs (2), (3) and (4) shall become
4inapplicable upon an intervening certification of the Board,
5under which the labor organization, which is a party to the
6contract, has been superseded as or ceased to be the exclusive
7representative of the employees pursuant to the provisions of
8subsection (a) of Section 9, and the duties so imposed shall
9not be construed as requiring either party to discuss or agree
10to any modification of the terms and conditions contained in a
11contract for a fixed period, if such modification is to become
12effective before such terms and conditions can be reopened
13under the provisions of the contract.
14    (b) Collective bargaining for home care and home health
15workers who function as personal assistants and individual
16maintenance home health workers under the Home Services Program
17shall be limited to the terms and conditions of employment
18under the State's control, as defined in Public Act 93-204 or
19this amendatory Act of the 97th General Assembly, as
21    (c) Collective bargaining for child and day care home
22providers under the child care assistance program shall be
23limited to the terms and conditions of employment under the
24State's control, as defined in this amendatory Act of the 94th
25General Assembly.
26    (d) Notwithstanding any other provision of this Section,



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



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



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1and the employee.
2    If a public contract requires board approval before it may
3take effect, then not less than 14 days after publication of
4the contract on its website, the public employer shall hold an
5open public meeting on the contract. No contract shall take
6effect until after the public employer publishes the contract
7on its website and holds an open public meeting on the contract
8as required under this subsection (g).
9(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
10    (5 ILCS 315/24)  (from Ch. 48, par. 1624)
11    Sec. 24. Meetings. Except as provided in Section 7 of this
12Act, the The provisions of the Open Meetings Act shall not
13apply to collective bargaining negotiations and grievance
14arbitration conducted pursuant to this Act.
15(Source: P.A. 83-1012.)
16    Section 20. The Illinois Educational Labor Relations Act is
17amended by changing Sections 10 and 18 as follows:
18    (115 ILCS 5/10)  (from Ch. 48, par. 1710)
19    Sec. 10. Duty to bargain. (a) An educational employer and
20the exclusive representative have the authority and the duty to
21bargain collectively as set forth in this Section. Collective
22bargaining is the performance of the mutual obligations of the
23educational employer and the representative of the educational



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1employees to meet at reasonable times and confer in good faith
2with respect to wages, hours and other terms and conditions of
3employment, and to execute a written contract incorporating any
4agreement reached by such obligation, provided such obligation
5does not compel either party to agree to a proposal or require
6the making of a concession.
7    (b) The parties to the collective bargaining process shall
8not effect or implement a provision in a collective bargaining
9agreement if the implementation of that provision would be in
10violation of, or inconsistent with, or in conflict with any
11statute or statutes enacted by the General Assembly of
12Illinois. The parties to the collective bargaining process may
13effect or implement a provision in a collective bargaining
14agreement if the implementation of that provision has the
15effect of supplementing any provision in any statute or
16statutes enacted by the General Assembly of Illinois pertaining
17to wages, hours or other conditions of employment; provided
18however, no provision in a collective bargaining agreement may
19be effected or implemented if such provision has the effect of
20negating, abrogating, replacing, reducing, diminishing, or
21limiting in any way any employee rights, guarantees or
22privileges pertaining to wages, hours or other conditions of
23employment provided in such statutes. Any provision in a
24collective bargaining agreement which has the effect of
25negating, abrogating, replacing, reducing, diminishing or
26limiting in any way any employee rights, guarantees or



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1privileges provided in an Illinois statute or statutes shall be
2void and unenforceable, but shall not affect the validity,
3enforceability and implementation of other permissible
4provisions of the collective bargaining agreement.
5    (c) The collective bargaining agreement negotiated between
6representatives of the educational employees and the
7educational employer shall contain a grievance resolution
8procedure which shall apply to all employees in the unit and
9shall provide for binding arbitration of disputes concerning
10the administration or interpretation of the agreement. The
11agreement shall also contain appropriate language prohibiting
12strikes for the duration of the agreement. The costs of such
13arbitration shall be borne equally by the educational employer
14and the employee organization.
15    (d) Notwithstanding any other provision of this Act, once
16Once an agreement is reached between representatives of the
17educational employees and the educational employer concerning
18the terms of a collective bargaining agreement, that and is
19ratified by both parties, the agreement shall be reduced to
20writing and published on the website of the educational
21employer. Not less than 14 days after publication of the
22agreement on its website, the educational employer shall hold
23an open public meeting on ratification of the agreement. No
24agreement concerning all of the terms of a collective
25bargaining agreement shall be ratified by the parties until
26after the educational employer publishes the agreement on its



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1website and holds an open public meeting on ratification of the
2agreement as required under this subsection (d). Upon
3ratification, the agreement shall be signed by the parties.
4Rejection of an agreement by the educational employer or by the
5exclusive representative of the educational employees shall
6not constitute an unfair labor practice.
7    (e) No collective bargaining agreement shall be binding on
8any school board until it has been ratified by a majority vote
9of the district's school board, with that vote taking place
10after the public meeting described in subsection (d) of this
12(Source: P.A. 84-832.)
13    (115 ILCS 5/18)  (from Ch. 48, par. 1718)
14    Sec. 18. Meetings. Except as provided in Section 10 of this
15Act, the The provisions of the Open Meetings Act shall not
16apply to collective bargaining negotiations and grievance
17arbitrations conducted pursuant to this Act.
18(Source: P.A. 83-1014.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.