98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4268
 
Introduced , by Rep. Jeanne M Ives
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that, once an agreement is reached between a public or educational employer and its employees regarding all of the terms of a collective bargaining agreement, the
agreement shall be reduced to writing and published on the website of the public or educational employer. Requires the public or educational employer, not less than 14 days after publishing such an agreement, to hold an open public meeting on the ratification of that agreement. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.



LRB098 15023 OMW 49980 b


 
 
A BILL FOR
 


HB4268LRB098 15023 OMW 49980 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 and the use of personnel and

10 equipment to respond to an actual, a threatened, or a 
11 reasonably
potential danger to the safety of employees, 
12 students, staff, the public, or
public
property.

13  (9) Student disciplinary cases.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16  (22) Deliberations for decisions of the State

17 Emergency Medical Services Disciplinary
Review Board.

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

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

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

4 "Employee" means a person employed by a public body whose 
5relationship
with the public body constitutes an 
6employer-employee relationship under
the usual common law 
7rules, and who is not an independent contractor.

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

9Constitution or laws of this State, the occupant of which is 
10charged with
the exercise of some portion of the sovereign 
11power of this State. The term
"public office" shall include 
12members of the public body, but it shall not
include 
13organizational positions filled by members thereof, whether

14established by law or by a public body itself, that exist to 
15assist the
body in the conduct of its business.

16 "Quasi-adjudicative body" means an administrative body 
17charged by law or
ordinance with the responsibility to conduct 
18hearings, receive evidence or
testimony and make 
19determinations based
thereon, but does not include
local 
20electoral boards when such bodies are considering petition 
21challenges.

22 (e) Final action. No final action may be taken at a closed 
23meeting.
Final action shall be preceded by a public recital of 
24the nature of the
matter being considered and other information 
25that will inform the
public of the business being conducted. 

26(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; 
 
 
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197-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. 
28-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised 
37-23-13.)


4 Section 10. The Freedom of Information Act is amended by 
5changing Section 7 as follows:

6 (5 ILCS 140/7) (from Ch. 116, par. 207)
7 Sec. 7. Exemptions.

8 (1) When a request is made to inspect or copy a public 
9record that contains information that is exempt from disclosure 
10under this Section, but also contains information that is not 
11exempt from disclosure, the public body may elect to redact the 
12information that is exempt. The public body shall make the 
13remaining information available for inspection and copying. 
14Subject to this requirement, the following shall be exempt from 
15inspection and copying:


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


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

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


15  (d) Records in the possession of any public body 
16 created in the course of administrative enforcement

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


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

23 agency that is the recipient of the request;


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


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


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


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

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


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


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


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


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


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


7  (h) Proposals and bids for any contract, grant, or 
8 agreement, including
information which if it were 
9 disclosed would frustrate procurement or give
an advantage 
10 to any person proposing to enter into a contractor 
11 agreement
with the body, until an award or final selection 
12 is made. Information
prepared by or for the body in 
13 preparation of a bid solicitation shall be
exempt until an 
14 award or final selection is made.


15  (i) Valuable formulae,
computer geographic systems,

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

23 purpose of the request is to access and disseminate 
24 information regarding the
health, safety, welfare, or 
25 legal rights of the general public.


26  (j) The following information pertaining to 
 
 
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1 educational matters:
2   (i) test questions, scoring keys and other 
3 examination data used to
administer an academic 
4 examination;


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


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

2 public as provided in the Open Meetings Act until the 
3 public body
makes the minutes available to the public under 
4 Section 2.06 of the Open
Meetings Act.


5  (m) Communications between a public body and an 
6 attorney or auditor
representing the public body that would 
7 not be subject to discovery in
litigation, and materials 
8 prepared or compiled by or for a public body in

9 anticipation of a criminal, civil or administrative 
10 proceeding upon the
request of an attorney advising the 
11 public body, and materials prepared or
compiled with 
12 respect to internal audits of public bodies.


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


17  (o) Administrative or technical information associated 
18 with automated
data processing operations, including but 
19 not limited to software,
operating protocols, computer 
20 program abstracts, file layouts, source
listings, object 
21 modules, load modules, user guides, documentation

22 pertaining to all logical and physical design of 
23 computerized systems,
employee manuals, and any other 
24 information that, if disclosed, would
jeopardize the 
25 security of the system or its data or the security of

26 materials exempt under this Section.


 
 
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1  (p) Records relating to collective negotiating matters

2 between public bodies and their employees or 
3 representatives, except that
any final contract or 
4 agreement and any agreement that is the subject of a 
5 meeting held pursuant to either subsection (e) of Section 7 
6 of the Illinois Public Labor Relations Act or subsection 
7 (d) of Section 10 of the Illinois Educational Labor 
8 Relations Act shall be subject to inspection and copying.


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


12  (r) The records, documents, and information relating 
13 to real estate
purchase negotiations until those 
14 negotiations have been completed or
otherwise terminated. 
15 With regard to a parcel involved in a pending or
actually 
16 and reasonably contemplated eminent domain proceeding 
17 under the Eminent Domain Act, records, documents and

18 information relating to that parcel shall be exempt except 
19 as may be
allowed under discovery rules adopted by the 
20 Illinois Supreme Court. The
records, documents and 
21 information relating to a real estate sale shall be
exempt 
22 until a sale is consummated.


23  (s) Any and all proprietary information and records 
24 related to the
operation of an intergovernmental risk 
25 management association or
self-insurance pool or jointly 
26 self-administered health and accident
cooperative or pool.

 
 
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1 Insurance or self insurance (including any 
2 intergovernmental risk management association or self 
3 insurance pool) claims, loss or risk management 
4 information, records, data, advice or communications. 

5  (t) Information contained in or related to 
6 examination, operating, or
condition reports prepared by, 
7 on behalf of, or for the use of a public
body responsible 
8 for the regulation or supervision of financial

9 institutions or insurance companies, unless disclosure is 
10 otherwise
required by State law.


11  (u) Information that would disclose
or might lead to 
12 the disclosure of
secret or confidential information, 
13 codes, algorithms, programs, or private
keys intended to be 
14 used to create electronic or digital signatures under the

15 Electronic Commerce Security Act.


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


4  (w) (Blank). 
5  (x) Maps and other records regarding the location or 
6 security of generation, transmission, distribution, 
7 storage, gathering,
treatment, or switching facilities 
8 owned by a utility, by a power generator, or by the 
9 Illinois Power Agency.


10  (y) Information contained in or related to proposals, 
11 bids, or negotiations related to electric power 
12 procurement under Section 1-75 of the Illinois Power Agency 
13 Act and Section 16-111.5 of the Public Utilities Act that 
14 is determined to be confidential and proprietary by the 
15 Illinois Power Agency or by the Illinois Commerce 
16 Commission.

17  (z) Information about students exempted from 
18 disclosure under Sections 10-20.38 or 34-18.29 of the 
19 School Code, and information about undergraduate students 
20 enrolled at an institution of higher education exempted 
21 from disclosure under Section 25 of the Illinois Credit 
22 Card Marketing Act of 2009. 
23  (aa) Information the disclosure of which is
exempted 
24 under the Viatical Settlements Act of 2009.

25  (bb) Records and information provided to a mortality 
26 review team and records maintained by a mortality review 
 
 
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1 team appointed under the Department of Juvenile Justice 
2 Mortality Review Team Act. 
3  (cc) Information regarding interments, entombments, or 
4 inurnments of human remains that are submitted to the 
5 Cemetery Oversight Database under the Cemetery Care Act or 
6 the Cemetery Oversight Act, whichever is applicable.
7  (dd) Correspondence and records (i) that may not be 
8 disclosed under Section 11-9 of the Public Aid Code or (ii) 
9 that pertain to appeals under Section 11-8 of the Public 
10 Aid Code. 
11  (ee) The names, addresses, or other personal 
12 information of persons who are minors and are also 
13 participants and registrants in programs of park 
14 districts, forest preserve districts, conservation 
15 districts, recreation agencies, and special recreation 
16 associations.
17  (ff) The names, addresses, or other personal 
18 information of participants and registrants in programs of 
19 park districts, forest preserve districts, conservation 
20 districts, recreation agencies, and special recreation 
21 associations where such programs are targeted primarily to 
22 minors.
23  (gg) Confidential information described in Section 
24 1-100 of the Illinois Independent Tax Tribunal Act of 2012. 
25  (hh) The report submitted to the State Board of 
26 Education by the School Security and Standards Task Force 
 
 
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1 under item (8) of subsection (d) of Section 2-3.157 of the 
2 School Code and any information contained in that report. 
3 (1.5) Any information exempt from disclosure under the 
4Judicial Privacy Act shall be redacted from public records 
5prior to disclosure under this Act. 
6 (2) A public record that is not in the possession of a 
7public body but is in the possession of a party with whom the 
8agency has contracted to perform a governmental function on 
9behalf of the public body, and that directly relates to the 
10governmental function and is not otherwise exempt under this 
11Act, shall be considered a public record of the public body, 
12for purposes of this Act. 
13 (3) This Section does not authorize withholding of 
14information or limit the
availability of records to the public, 
15except as stated in this Section or
otherwise provided in this 
16Act.


17(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; 
1897-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. 
197-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, 
20eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13.)

21 Section 15. The Illinois Public Labor Relations Act is 
22amended by changing Sections 7 and 24 as follows:




23 (5 ILCS 315/7) (from Ch. 48, par. 1607)



24 Sec. 7. Duty to bargain.  
 
 
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1 (a) A public employer and the exclusive representative
have 
2the authority and the duty to bargain collectively set forth in 
3this
Section.

4 For the purposes of this Act, "to bargain collectively" 
5means the performance
of the mutual obligation of the public 
6employer or his designated
representative and the 
7representative of the public employees to meet at
reasonable 
8times, including meetings in advance of the budget-making 
9process,
and to negotiate in good faith with respect to wages, 
10hours, and other
conditions
of employment, not excluded by 
11Section 4 of this Act, or the negotiation
of an agreement, or 
12any question arising
thereunder and the execution of a written 
13contract incorporating any agreement
reached if requested by 
14either party, but such obligation does not compel
either party 
15to agree to a proposal or require the making of a concession.

16 The duty "to bargain collectively" shall also include an 
17obligation to
negotiate over any matter with respect to wages, 
18hours and other conditions
of employment, not specifically 
19provided for in any other law or not specifically
in violation 
20of the provisions
of any law. If any other law pertains, in 
21part, to a matter affecting
the wages, hours and other 
22conditions of employment, such other law shall
not be construed 
23as limiting the duty "to bargain collectively" and to enter

24into collective bargaining agreements containing clauses which 
25either supplement,
implement, or relate to the effect of such 
26provisions in other laws.

 
 
HB4268- 22 -LRB098 15023 OMW 49980 b


1 The duty "to bargain collectively" shall also include 
2negotiations
as to the terms of a collective bargaining 
3agreement.
The parties may, by mutual agreement, provide for 
4arbitration of impasses
resulting from their inability to agree 
5upon wages, hours and terms and
conditions of employment to be 
6included in a collective bargaining agreement.
Such 
7arbitration provisions shall be subject to the Illinois 
8"Uniform Arbitration
Act" unless agreed by the parties.

9 The duty "to bargain collectively" shall also mean that no 
10party to a collective
bargaining contract shall terminate or 
11modify such contract, unless the
party desiring such 
12termination or modification:

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

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

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

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

4 The duties imposed upon employers, employees and labor 
5organizations by
paragraphs (2), (3) and (4) shall become 
6inapplicable upon an intervening
certification of the Board, 
7under which the labor organization, which is
a party to the 
8contract, has been superseded as or ceased to be the exclusive

9representative
of the employees pursuant to the provisions of 
10subsection (a) of Section
9, and the duties so imposed shall 
11not be construed as requiring either
party to discuss or agree 
12to any modification of the terms and conditions
contained in a 
13contract for a fixed period, if such modification is to become

14effective before such terms and conditions can be reopened 
15under the provisions
of the contract.

16 (b) Collective bargaining for home care and home health 
17workers who function as personal care attendants, personal 
18assistants, and individual maintenance home health workers

19under
the Home Services Program shall be limited to the terms 
20and conditions of
employment
under the State's control, as 
21defined in Public Act 93-204 or this amendatory Act of the 97th 
22General Assembly, as applicable. 

23 (c) Collective bargaining for child and day care home 
24providers under the child care assistance program shall be 
25limited to the terms and conditions of employment under the 
26State's control, as defined in this amendatory Act of the 94th 
 
 
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1General Assembly.

2 (d) Notwithstanding any other provision of this Section, 
3whenever collective bargaining is for the purpose of 
4establishing an initial agreement following original 
5certification of units with fewer than 35 employees, with 
6respect to public employees other than peace officers, fire 
7fighters, and security employees, the following apply:
8  (1) Not later than 10 days after receiving a written 
9 request for collective bargaining from a labor 
10 organization that has been newly certified as a 
11 representative as defined in Section 6(c), or within such 
12 further period as the parties agree upon, the parties shall 
13 meet and commence to bargain collectively and shall make 
14 every reasonable effort to conclude and sign a collective 
15 bargaining agreement.
16  (2) If anytime after the expiration of the 90-day 
17 period beginning on the date on which bargaining is 
18 commenced the parties have failed to reach an agreement, 
19 either party may notify the Illinois Public Labor Relations 
20 Board of the existence of a dispute and request mediation 
21 in accordance with the provisions of Section 14 of this 
22 Act.
23  (3) If after the expiration of the 30-day period 
24 beginning on the date on which mediation commenced, or such 
25 additional period as the parties may agree upon, the 
26 mediator is not able to bring the parties to agreement by 
 
 
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1 conciliation, either the exclusive representative of the 
2 employees or the employer may request of the other, in 
3 writing, arbitration and shall submit a copy of the request 
4 to the board. Upon submission of the request for 
5 arbitration, the parties shall be required to participate 
6 in the impasse arbitration procedures set forth in Section 
7 14 of this Act, except the right to strike shall not be 
8 considered waived pursuant to Section 17 of this Act, until 
9 the actual convening of the arbitration hearing. 
10 (e) Notwithstanding any other provision of this Act, once 
11an agreement is reached between a public employer and the 
12exclusive representative of a bargaining unit concerning all of 
13the terms of a collective bargaining agreement, that
agreement 
14shall be reduced to writing and published on the website of the 
15public employer. Not less than 14 days after publication of the 
16agreement on its website, the public employer shall hold an 
17open public meeting on ratification of the agreement. No 
18agreement shall be ratified by the parties until after the 
19public employer publishes the agreement on its website and 
20holds an open public meeting on ratification of the agreement 
21as required under this subsection (e). Upon ratification, the 
22agreement shall be signed by the parties. 
23(Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)





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



25 Sec. 24. Meetings. Except as provided in Section 7 of this 
 
 
HB4268- 26 -LRB098 15023 OMW 49980 b


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

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

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


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




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



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

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

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

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





19 (115 ILCS 5/18) (from Ch. 48, par. 1718)



20 Sec. 18. Meetings. Except as provided in Section 10 of this 
21Act, the The provisions of the Open Meetings Act shall not

22apply to collective bargaining negotiations and grievance 
23arbitrations conducted
pursuant to this Act.

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



25 Section 99. Effective date. This Act takes effect upon 
 
 
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1becoming law.