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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3370 Introduced 2/14/2014, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED:
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| 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 |
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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 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Open Meetings Act is amended by changing |
| 5 | | Section 2 as follows:
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| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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| 7 | | Sec. 2. Open meetings.
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| 8 | | (a) Openness required. All meetings of public
bodies shall |
| 9 | | be open to the public unless excepted in subsection (c)
and |
| 10 | | closed in accordance with Section 2a.
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| 11 | | (b) Construction of exceptions. The exceptions contained |
| 12 | | in subsection
(c) are in derogation of the requirement that |
| 13 | | public bodies
meet in the open, and therefore, the exceptions |
| 14 | | are to be strictly
construed, extending only to subjects |
| 15 | | clearly within their scope.
The exceptions authorize but do not |
| 16 | | require the holding of
a closed meeting to discuss a subject |
| 17 | | included within an enumerated exception.
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| 18 | | (c) Exceptions. A public body may hold closed meetings to |
| 19 | | consider the
following subjects:
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| 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.
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| 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.
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| 12 | | (3) The selection of a person to fill a public office,
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| 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.
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| 19 | | (4) Evidence or testimony presented in open hearing, or |
| 20 | | in closed
hearing where specifically authorized by law, to
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| 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.
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| 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.
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| 3 | | (6) The setting of a price for sale or lease of |
| 4 | | property owned
by the public body.
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| 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.
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| 9 | | (8) Security procedures and the use of personnel and
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| 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.
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| 13 | | (9) Student disciplinary cases.
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| 14 | | (10) The placement of individual students in special |
| 15 | | education
programs and other matters relating to |
| 16 | | individual students.
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| 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
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| 22 | | recorded and entered into the minutes of the closed |
| 23 | | meeting.
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| 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
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| 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
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| 6 | | association or self insurance pool of which the public body |
| 7 | | is a member.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 4 | | (18) Deliberations for decisions of the Prisoner |
| 5 | | Review Board.
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| 6 | | (19) Review or discussion of applications received |
| 7 | | under the
Experimental Organ Transplantation Procedures |
| 8 | | Act.
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| 9 | | (20) The classification and discussion of matters |
| 10 | | classified as
confidential or continued confidential by |
| 11 | | the State Government Suggestion Award
Board.
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| 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.
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| 16 | | (22) Deliberations for decisions of the State
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| 17 | | Emergency Medical Services Disciplinary
Review Board.
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| 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.
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| 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.
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| 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:
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| 4 | | "Employee" means a person employed by a public body whose |
| 5 | | relationship
with the public body constitutes an |
| 6 | | employer-employee relationship under
the usual common law |
| 7 | | rules, and who is not an independent contractor.
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| 8 | | "Public office" means a position created by or under the
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| 9 | | Constitution or laws of this State, the occupant of which is |
| 10 | | charged with
the exercise of some portion of the sovereign |
| 11 | | power of this State. The term
"public office" shall include |
| 12 | | members of the public body, but it shall not
include |
| 13 | | organizational positions filled by members thereof, whether
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| 14 | | established by law or by a public body itself, that exist to |
| 15 | | assist the
body in the conduct of its business.
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| 16 | | "Quasi-adjudicative body" means an administrative body |
| 17 | | charged by law or
ordinance with the responsibility to conduct |
| 18 | | hearings, receive evidence or
testimony and make |
| 19 | | determinations based
thereon, but does not include
local |
| 20 | | electoral boards when such bodies are considering petition |
| 21 | | challenges.
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| 22 | | (e) Final action. No final action may be taken at a closed |
| 23 | | meeting.
Final action shall be preceded by a public recital of |
| 24 | | the nature of the
matter being considered and other information |
| 25 | | that will inform the
public of the business being conducted.
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| 26 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; |
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| 1 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. |
| 2 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised |
| 3 | | 7-23-13.)
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| 4 | | Section 10. The Freedom of Information Act is amended by |
| 5 | | changing Section 7 as follows:
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| 6 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
| 7 | | Sec. 7. Exemptions.
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| 8 | | (1) When a request is made to inspect or copy a public |
| 9 | | record that contains information that is exempt from disclosure |
| 10 | | under this Section, but also contains information that is not |
| 11 | | exempt from disclosure, the public body may elect to redact the |
| 12 | | information that is exempt. The public body shall make the |
| 13 | | remaining information available for inspection and copying. |
| 14 | | Subject to this requirement, the following shall be exempt from |
| 15 | | inspection and copying:
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| 16 | | (a) Information specifically prohibited from |
| 17 | | disclosure by federal or
State law or rules and regulations |
| 18 | | implementing federal or State law.
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| 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
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| 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.
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| 15 | | (d) Records in the possession of any public body |
| 16 | | created in the course of administrative enforcement
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| 17 | | proceedings, and any law enforcement or correctional |
| 18 | | agency for
law enforcement purposes,
but only to the extent |
| 19 | | that disclosure would:
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| 20 | | (i) interfere with pending or actually and |
| 21 | | reasonably contemplated
law enforcement proceedings |
| 22 | | conducted by any law enforcement or correctional
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| 23 | | agency that is the recipient of the request;
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| 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;
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| 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;
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| 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
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| 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;
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| 23 | | (vi) endanger the life or physical safety of law |
| 24 | | enforcement personnel
or any other person; or
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| 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.
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| 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.
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| 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.
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| 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.
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| 15 | | (i) Valuable formulae,
computer geographic systems,
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| 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
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| 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.
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| 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;
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| 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
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| 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.
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| 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
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| 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.
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| 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.
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| 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
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| 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
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| 26 | | materials exempt under this Section.
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| 1 | | (p) Records relating to collective negotiating matters
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| 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.
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| 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.
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| 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
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| 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.
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| 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.
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| 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 |
| 4 | | Judicial Privacy Act shall be redacted from public records |
| 5 | | prior to disclosure under this Act. |
| 6 | | (2) A public record that is not in the possession of a |
| 7 | | public body but is in the possession of a party with whom the |
| 8 | | agency has contracted to perform a governmental function on |
| 9 | | behalf of the public body, and that directly relates to the |
| 10 | | governmental function and is not otherwise exempt under this |
| 11 | | Act, shall be considered a public record of the public body, |
| 12 | | for purposes of this Act. |
| 13 | | (3) This Section does not authorize withholding of |
| 14 | | information or limit the
availability of records to the public, |
| 15 | | except as stated in this Section or
otherwise provided in this |
| 16 | | Act.
|
| 17 | | (Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; |
| 18 | | 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. |
| 19 | | 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, |
| 20 | | eff. 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 |
| 22 | | amended 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 |
| 2 | | the authority and the duty to bargain collectively set forth in |
| 3 | | this
Section.
|
| 4 | | For the purposes of this Act, "to bargain collectively" |
| 5 | | means the performance
of the mutual obligation of the public |
| 6 | | employer or his designated
representative and the |
| 7 | | representative of the public employees to meet at
reasonable |
| 8 | | times, including meetings in advance of the budget-making |
| 9 | | process,
and to negotiate in good faith with respect to wages, |
| 10 | | hours, and other
conditions
of employment, not excluded by |
| 11 | | Section 4 of this Act, or the negotiation
of an agreement, or |
| 12 | | any question arising
thereunder and the execution of a written |
| 13 | | contract incorporating any agreement
reached if requested by |
| 14 | | either party, but such obligation does not compel
either party |
| 15 | | to agree to a proposal or require the making of a concession.
|
| 16 | | The duty "to bargain collectively" shall also include an |
| 17 | | obligation to
negotiate over any matter with respect to wages, |
| 18 | | hours and other conditions
of employment, not specifically |
| 19 | | provided for in any other law or not specifically
in violation |
| 20 | | of the provisions
of any law. If any other law pertains, in |
| 21 | | part, to a matter affecting
the wages, hours and other |
| 22 | | conditions of employment, such other law shall
not be construed |
| 23 | | as limiting the duty "to bargain collectively" and to enter
|
| 24 | | into collective bargaining agreements containing clauses which |
| 25 | | either supplement,
implement, or relate to the effect of such |
| 26 | | provisions in other laws.
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| 1 | | The duty "to bargain collectively" shall also include |
| 2 | | negotiations
as to the terms of a collective bargaining |
| 3 | | agreement.
The parties may, by mutual agreement, provide for |
| 4 | | arbitration of impasses
resulting from their inability to agree |
| 5 | | upon wages, hours and terms and
conditions of employment to be |
| 6 | | included in a collective bargaining agreement.
Such |
| 7 | | arbitration 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 |
| 10 | | party to a collective
bargaining contract shall terminate or |
| 11 | | modify such contract, unless the
party desiring such |
| 12 | | termination 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 |
| 5 | | organizations by
paragraphs (2), (3) and (4) shall become |
| 6 | | inapplicable upon an intervening
certification of the Board, |
| 7 | | under which the labor organization, which is
a party to the |
| 8 | | contract, has been superseded as or ceased to be the exclusive
|
| 9 | | representative
of the employees pursuant to the provisions of |
| 10 | | subsection (a) of Section
9, and the duties so imposed shall |
| 11 | | not be construed as requiring either
party to discuss or agree |
| 12 | | to any modification of the terms and conditions
contained in a |
| 13 | | contract for a fixed period, if such modification is to become
|
| 14 | | effective before such terms and conditions can be reopened |
| 15 | | under the provisions
of the contract.
|
| 16 | | (b) Collective bargaining for home care and home health |
| 17 | | workers who function as personal care attendants, personal |
| 18 | | assistants, and individual maintenance home health workers
|
| 19 | | under
the Home Services Program shall be limited to the terms |
| 20 | | and conditions of
employment
under the State's control, as |
| 21 | | defined in Public Act 93-204 or this amendatory Act of the 97th |
| 22 | | General Assembly, as applicable.
|
| 23 | | (c) Collective bargaining for child and day care home |
| 24 | | providers under the child care assistance program shall be |
| 25 | | limited to the terms and conditions of employment under the |
| 26 | | State's control, as defined in this amendatory Act of the 94th |
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| 1 | | General Assembly.
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| 2 | | (d) Notwithstanding any other provision of this Section, |
| 3 | | whenever collective bargaining is for the purpose of |
| 4 | | establishing an initial agreement following original |
| 5 | | certification of units with fewer than 35 employees, with |
| 6 | | respect to public employees other than peace officers, fire |
| 7 | | fighters, 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 |
| 11 | | an agreement is reached between a public employer and the |
| 12 | | exclusive representative of a bargaining unit concerning all of |
| 13 | | the terms of a collective bargaining agreement, that
agreement |
| 14 | | shall be reduced to writing and published on the website of the |
| 15 | | public employer. Not less than 14 days after publication of the |
| 16 | | agreement on its website, the public employer shall hold an |
| 17 | | open public meeting on ratification of the agreement. No |
| 18 | | agreement shall be ratified by the parties until after the |
| 19 | | public employer publishes the agreement on its website and |
| 20 | | holds an open public meeting on ratification of the agreement |
| 21 | | as required under this subsection (e). Upon ratification, the |
| 22 | | agreement shall be signed by the parties. |
| 23 | | (f) No collective bargaining agreement shall be binding on |
| 24 | | any government agency until it has been ratified by a majority |
| 25 | | vote of the agency's governing body, with that vote taking |
| 26 | | place after the public meeting described in subsection (e) of |
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| 1 | | this Section. |
| 2 | | (Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)
|
| 3 | | (5 ILCS 315/24) (from Ch. 48, par. 1624)
|
| 4 | | Sec. 24. Meetings. Except as provided in Section 7 of this |
| 5 | | Act, the The provisions of the Open Meetings Act shall not
|
| 6 | | apply to collective bargaining negotiations and grievance |
| 7 | | arbitration conducted
pursuant to this Act.
|
| 8 | | (Source: P.A. 83-1012.)
|
| 9 | | Section 20. The Illinois Educational Labor Relations Act is |
| 10 | | amended by changing Sections 10 and 18 as follows:
|
| 11 | | (115 ILCS 5/10) (from Ch. 48, par. 1710)
|
| 12 | | Sec. 10. Duty to bargain. (a) An educational employer and
|
| 13 | | the exclusive representative have the authority and the duty to |
| 14 | | bargain
collectively as set forth in this Section. Collective |
| 15 | | bargaining is the
performance of the mutual obligations of the |
| 16 | | educational employer and the
representative of the educational |
| 17 | | employees to meet at reasonable times and
confer in good faith |
| 18 | | with respect to wages, hours and other terms and
conditions of |
| 19 | | employment, and to execute a written contract incorporating
any |
| 20 | | agreement reached by such obligation, provided such obligation |
| 21 | | does not
compel either party to agree to a proposal or require |
| 22 | | the making of a concession.
|
| 23 | | (b) The parties to the collective bargaining process shall |
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| 1 | | not effect
or implement a provision in a collective bargaining |
| 2 | | agreement if the
implementation of that provision would be in |
| 3 | | violation of, or inconsistent
with, or in conflict with any |
| 4 | | statute or statutes enacted by the General
Assembly of |
| 5 | | Illinois. The parties to the collective bargaining process
may |
| 6 | | effect or implement a provision in a collective bargaining |
| 7 | | agreement if
the implementation of that provision has the |
| 8 | | effect of supplementing any
provision in any statute or |
| 9 | | statutes enacted by the General Assembly of
Illinois pertaining |
| 10 | | to wages, hours or other conditions of employment;
provided |
| 11 | | however, no provision in a collective bargaining agreement may |
| 12 | | be
effected or implemented if such provision has the effect of |
| 13 | | negating,
abrogating, replacing, reducing, diminishing, or |
| 14 | | limiting in any way any
employee rights, guarantees or |
| 15 | | privileges pertaining to wages, hours or
other conditions of |
| 16 | | employment provided in such statutes. Any provision in
a |
| 17 | | collective bargaining agreement which has the effect of |
| 18 | | negating,
abrogating, replacing, reducing, diminishing or |
| 19 | | limiting in any way any
employee rights, guarantees or |
| 20 | | privileges provided in an Illinois statute or
statutes shall be |
| 21 | | void and unenforceable, but shall not affect the
validity, |
| 22 | | enforceability and implementation of other permissible |
| 23 | | provisions
of the collective bargaining agreement.
|
| 24 | | (c) The collective bargaining agreement negotiated between |
| 25 | | representatives
of the educational employees and the |
| 26 | | educational employer shall contain
a grievance resolution |
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| 1 | | procedure which shall apply to all employees in the
unit and |
| 2 | | shall provide for binding arbitration of disputes concerning |
| 3 | | the
administration or interpretation of the agreement. The |
| 4 | | agreement shall
also contain appropriate language prohibiting |
| 5 | | strikes for the duration of
the agreement. The costs of such |
| 6 | | arbitration shall be borne equally by the
educational employer |
| 7 | | and the employee organization.
|
| 8 | | (d) Notwithstanding any other provision of this Act, once |
| 9 | | Once an agreement is reached between representatives of the |
| 10 | | educational
employees and the educational employer concerning |
| 11 | | the terms of a collective bargaining agreement, that and is |
| 12 | | ratified by both parties, the
agreement shall be reduced to |
| 13 | | writing and published on the website of the educational |
| 14 | | employer. Not less than 14 days after publication of the |
| 15 | | agreement on its website, the educational employer shall hold |
| 16 | | an open public meeting on ratification of the agreement. No |
| 17 | | agreement concerning all of the terms of a collective |
| 18 | | bargaining agreement shall be ratified by the parties until |
| 19 | | after the educational employer publishes the agreement on its |
| 20 | | website and holds an open public meeting on ratification of the |
| 21 | | agreement as required under this subsection (d). Upon |
| 22 | | ratification, the agreement shall be signed by the parties.
|
| 23 | | (e) No collective bargaining agreement shall be binding on |
| 24 | | any school board until it has been ratified by a majority vote |
| 25 | | of the district's school board, with that vote taking place |
| 26 | | after the public meeting described in subsection (d) of this |