State of Illinois
2013 and 2014


Introduced 2/21/2013, by Rep. Jeanne M Ives


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

    Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that, once an agreement is reached between a public or educational employer and its employees regarding 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 09671 JDS 39818 b






HB2689LRB098 09671 JDS 39818 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



HB2689- 2 -LRB098 09671 JDS 39818 b

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



HB2689- 3 -LRB098 09671 JDS 39818 b

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



HB2689- 4 -LRB098 09671 JDS 39818 b

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



HB2689- 5 -LRB098 09671 JDS 39818 b

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



HB2689- 6 -LRB098 09671 JDS 39818 b

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) Confidential information, when discussed by one
8    or more members of an elder abuse fatality review team,
9    designated under Section 15 of the Elder Abuse and Neglect
10    Act, while participating in a review conducted by that team
11    of the death of an elderly person in which abuse or neglect
12    is suspected, alleged, or substantiated; provided that
13    before the review team holds a closed meeting, or closes an
14    open meeting, to discuss the confidential information,
15    each participating review team member seeking to disclose
16    the confidential information in the closed meeting or
17    closed portion of the meeting must state on the record
18    during an open meeting or the open portion of a meeting the
19    nature of the information to be disclosed and the legal
20    basis for otherwise holding that information confidential.
21        (28) Correspondence and records (i) that may not be
22    disclosed under Section 11-9 of the Public Aid Code or (ii)
23    that pertain to appeals under Section 11-8 of the Public
24    Aid Code.
25        (29) Meetings between internal or external auditors
26    and governmental audit committees, finance committees, and



HB2689- 7 -LRB098 09671 JDS 39818 b

1    their equivalents, when the discussion involves internal
2    control weaknesses, identification of potential fraud risk
3    areas, known or suspected frauds, and fraud interviews
4    conducted in accordance with generally accepted auditing
5    standards of the United States of America.
6    (d) Definitions. For purposes of this Section:
7    "Employee" means a person employed by a public body whose
8relationship with the public body constitutes an
9employer-employee relationship under the usual common law
10rules, and who is not an independent contractor.
11    "Public office" means a position created by or under the
12Constitution or laws of this State, the occupant of which is
13charged with the exercise of some portion of the sovereign
14power of this State. The term "public office" shall include
15members of the public body, but it shall not include
16organizational positions filled by members thereof, whether
17established by law or by a public body itself, that exist to
18assist the body in the conduct of its business.
19    "Quasi-adjudicative body" means an administrative body
20charged by law or ordinance with the responsibility to conduct
21hearings, receive evidence or testimony and make
22determinations based thereon, but does not include local
23electoral boards when such bodies are considering petition
25    (e) Final action. No final action may be taken at a closed
26meeting. Final action shall be preceded by a public recital of



HB2689- 8 -LRB098 09671 JDS 39818 b

1the nature of the matter being considered and other information
2that will inform the public of the business being conducted.
3(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
496-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
58-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
6eff. 8-1-12.)
7    Section 10. The Freedom of Information Act is amended by
8changing Section 7 as follows:
9    (5 ILCS 140/7)  (from Ch. 116, par. 207)
10    Sec. 7. Exemptions.
11    (1) When a request is made to inspect or copy a public
12record that contains information that is exempt from disclosure
13under this Section, but also contains information that is not
14exempt from disclosure, the public body may elect to redact the
15information that is exempt. The public body shall make the
16remaining information available for inspection and copying.
17Subject to this requirement, the following shall be exempt from
18inspection and copying:
19        (a) Information specifically prohibited from
20    disclosure by federal or State law or rules and regulations
21    implementing federal or State law.
22        (b) Private information, unless disclosure is required
23    by another provision of this Act, a State or federal law or
24    a court order.



HB2689- 9 -LRB098 09671 JDS 39818 b

1        (b-5) Files, documents, and other data or databases
2    maintained by one or more law enforcement agencies and
3    specifically designed to provide information to one or more
4    law enforcement agencies regarding the physical or mental
5    status of one or more individual subjects.
6        (c) Personal information contained within public
7    records, the disclosure of which would constitute a clearly
8    unwarranted invasion of personal privacy, unless the
9    disclosure is consented to in writing by the individual
10    subjects of the information. "Unwarranted invasion of
11    personal privacy" means the disclosure of information that
12    is highly personal or objectionable to a reasonable person
13    and in which the subject's right to privacy outweighs any
14    legitimate public interest in obtaining the information.
15    The disclosure of information that bears on the public
16    duties of public employees and officials shall not be
17    considered an invasion of personal privacy.
18        (d) Records in the possession of any public body
19    created in the course of administrative enforcement
20    proceedings, and any law enforcement or correctional
21    agency for law enforcement purposes, but only to the extent
22    that disclosure would:
23            (i) interfere with pending or actually and
24        reasonably contemplated law enforcement proceedings
25        conducted by any law enforcement or correctional
26        agency that is the recipient of the request;



HB2689- 10 -LRB098 09671 JDS 39818 b

1            (ii) interfere with active administrative
2        enforcement proceedings conducted by the public body
3        that is the recipient of the request;
4            (iii) create a substantial likelihood that a
5        person will be deprived of a fair trial or an impartial
6        hearing;
7            (iv) unavoidably disclose the identity of a
8        confidential source, confidential information
9        furnished only by the confidential source, or persons
10        who file complaints with or provide information to
11        administrative, investigative, law enforcement, or
12        penal agencies; except that the identities of
13        witnesses to traffic accidents, traffic accident
14        reports, and rescue reports shall be provided by
15        agencies of local government, except when disclosure
16        would interfere with an active criminal investigation
17        conducted by the agency that is the recipient of the
18        request;
19            (v) disclose unique or specialized investigative
20        techniques other than those generally used and known or
21        disclose internal documents of correctional agencies
22        related to detection, observation or investigation of
23        incidents of crime or misconduct, and disclosure would
24        result in demonstrable harm to the agency or public
25        body that is the recipient of the request;
26            (vi) endanger the life or physical safety of law



HB2689- 11 -LRB098 09671 JDS 39818 b

1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency that
7    is the recipient of the request did not create the record,
8    did not participate in or have a role in any of the events
9    which are the subject of the record, and only has access to
10    the record through the shared electronic record management
11    system.
12        (e) Records that relate to or affect the security of
13    correctional institutions and detention facilities.
14        (e-5) Records requested by persons committed to the
15    Department of Corrections if those materials are available
16    in the library of the correctional facility where the
17    inmate is confined.
18        (e-6) Records requested by persons committed to the
19    Department of Corrections if those materials include
20    records from staff members' personnel files, staff
21    rosters, or other staffing assignment information.
22        (e-7) Records requested by persons committed to the
23    Department of Corrections if those materials are available
24    through an administrative request to the Department of
25    Corrections.
26        (f) Preliminary drafts, notes, recommendations,



HB2689- 12 -LRB098 09671 JDS 39818 b

1    memoranda and other records in which opinions are
2    expressed, or policies or actions are formulated, except
3    that a specific record or relevant portion of a record
4    shall not be exempt when the record is publicly cited and
5    identified by the head of the public body. The exemption
6    provided in this paragraph (f) extends to all those records
7    of officers and agencies of the General Assembly that
8    pertain to the preparation of legislative documents.
9        (g) Trade secrets and commercial or financial
10    information obtained from a person or business where the
11    trade secrets or commercial or financial information are
12    furnished under a claim that they are proprietary,
13    privileged or confidential, and that disclosure of the
14    trade secrets or commercial or financial information would
15    cause competitive harm to the person or business, and only
16    insofar as the claim directly applies to the records
17    requested.
18        The information included under this exemption includes
19    all trade secrets and commercial or financial information
20    obtained by a public body, including a public pension fund,
21    from a private equity fund or a privately held company
22    within the investment portfolio of a private equity fund as
23    a result of either investing or evaluating a potential
24    investment of public funds in a private equity fund. The
25    exemption contained in this item does not apply to the
26    aggregate financial performance information of a private



HB2689- 13 -LRB098 09671 JDS 39818 b

1    equity fund, nor to the identity of the fund's managers or
2    general partners. The exemption contained in this item does
3    not apply to the identity of a privately held company
4    within the investment portfolio of a private equity fund,
5    unless the disclosure of the identity of a privately held
6    company may cause competitive harm.
7        Nothing contained in this paragraph (g) shall be
8    construed to prevent a person or business from consenting
9    to disclosure.
10        (h) Proposals and bids for any contract, grant, or
11    agreement, including information which if it were
12    disclosed would frustrate procurement or give an advantage
13    to any person proposing to enter into a contractor
14    agreement with the body, until an award or final selection
15    is made. Information prepared by or for the body in
16    preparation of a bid solicitation shall be exempt until an
17    award or final selection is made.
18        (i) Valuable formulae, computer geographic systems,
19    designs, drawings and research data obtained or produced by
20    any public body when disclosure could reasonably be
21    expected to produce private gain or public loss. The
22    exemption for "computer geographic systems" provided in
23    this paragraph (i) does not extend to requests made by news
24    media as defined in Section 2 of this Act when the
25    requested information is not otherwise exempt and the only
26    purpose of the request is to access and disseminate



HB2689- 14 -LRB098 09671 JDS 39818 b

1    information regarding the health, safety, welfare, or
2    legal rights of the general public.
3        (j) The following information pertaining to
4    educational matters:
5            (i) test questions, scoring keys and other
6        examination data used to administer an academic
7        examination;
8            (ii) information received by a primary or
9        secondary school, college, or university under its
10        procedures for the evaluation of faculty members by
11        their academic peers;
12            (iii) information concerning a school or
13        university's adjudication of student disciplinary
14        cases, but only to the extent that disclosure would
15        unavoidably reveal the identity of the student; and
16            (iv) course materials or research materials used
17        by faculty members.
18        (k) Architects' plans, engineers' technical
19    submissions, and other construction related technical
20    documents for projects not constructed or developed in
21    whole or in part with public funds and the same for
22    projects constructed or developed with public funds,
23    including but not limited to power generating and
24    distribution stations and other transmission and
25    distribution facilities, water treatment facilities,
26    airport facilities, sport stadiums, convention centers,



HB2689- 15 -LRB098 09671 JDS 39818 b

1    and all government owned, operated, or occupied buildings,
2    but only to the extent that disclosure would compromise
3    security.
4        (l) Minutes of meetings of public bodies closed to the
5    public as provided in the Open Meetings Act until the
6    public body makes the minutes available to the public under
7    Section 2.06 of the Open Meetings Act.
8        (m) Communications between a public body and an
9    attorney or auditor representing the public body that would
10    not be subject to discovery in litigation, and materials
11    prepared or compiled by or for a public body in
12    anticipation of a criminal, civil or administrative
13    proceeding upon the request of an attorney advising the
14    public body, and materials prepared or compiled with
15    respect to internal audits of public bodies.
16        (n) Records relating to a public body's adjudication of
17    employee grievances or disciplinary cases; however, this
18    exemption shall not extend to the final outcome of cases in
19    which discipline is imposed.
20        (o) Administrative or technical information associated
21    with automated data processing operations, including but
22    not limited to software, operating protocols, computer
23    program abstracts, file layouts, source listings, object
24    modules, load modules, user guides, documentation
25    pertaining to all logical and physical design of
26    computerized systems, employee manuals, and any other



HB2689- 16 -LRB098 09671 JDS 39818 b

1    information that, if disclosed, would jeopardize the
2    security of the system or its data or the security of
3    materials exempt under this Section.
4        (p) Records relating to collective negotiating matters
5    between public bodies and their employees or
6    representatives, except that any final contract or
7    agreement and any agreement that is the subject of a
8    meeting held pursuant to either subsection (e) of Section 7
9    of the Illinois Public Labor Relations Act or subsection
10    (d) of Section 10 of the Illinois Educational Labor
11    Relations Act shall be subject to inspection and copying.
12        (q) Test questions, scoring keys, and other
13    examination data used to determine the qualifications of an
14    applicant for a license or employment.
15        (r) The records, documents, and information relating
16    to real estate purchase negotiations until those
17    negotiations have been completed or otherwise terminated.
18    With regard to a parcel involved in a pending or actually
19    and reasonably contemplated eminent domain proceeding
20    under the Eminent Domain Act, records, documents and
21    information relating to that parcel shall be exempt except
22    as may be allowed under discovery rules adopted by the
23    Illinois Supreme Court. The records, documents and
24    information relating to a real estate sale shall be exempt
25    until a sale is consummated.
26        (s) Any and all proprietary information and records



HB2689- 17 -LRB098 09671 JDS 39818 b

1    related to the operation of an intergovernmental risk
2    management association or self-insurance pool or jointly
3    self-administered health and accident cooperative or pool.
4    Insurance or self insurance (including any
5    intergovernmental risk management association or self
6    insurance pool) claims, loss or risk management
7    information, records, data, advice or communications.
8        (t) Information contained in or related to
9    examination, operating, or condition reports prepared by,
10    on behalf of, or for the use of a public body responsible
11    for the regulation or supervision of financial
12    institutions or insurance companies, unless disclosure is
13    otherwise required by State law.
14        (u) Information that would disclose or might lead to
15    the disclosure of secret or confidential information,
16    codes, algorithms, programs, or private keys intended to be
17    used to create electronic or digital signatures under the
18    Electronic Commerce Security Act.
19        (v) Vulnerability assessments, security measures, and
20    response policies or plans that are designed to identify,
21    prevent, or respond to potential attacks upon a community's
22    population or systems, facilities, or installations, the
23    destruction or contamination of which would constitute a
24    clear and present danger to the health or safety of the
25    community, but only to the extent that disclosure could
26    reasonably be expected to jeopardize the effectiveness of



HB2689- 18 -LRB098 09671 JDS 39818 b

1    the measures or the safety of the personnel who implement
2    them or the public. Information exempt under this item may
3    include such things as details pertaining to the
4    mobilization or deployment of personnel or equipment, to
5    the operation of communication systems or protocols, or to
6    tactical operations.
7        (w) (Blank).
8        (x) Maps and other records regarding the location or
9    security of generation, transmission, distribution,
10    storage, gathering, treatment, or switching facilities
11    owned by a utility, by a power generator, or by the
12    Illinois Power Agency.
13        (y) Information contained in or related to proposals,
14    bids, or negotiations related to electric power
15    procurement under Section 1-75 of the Illinois Power Agency
16    Act and Section 16-111.5 of the Public Utilities Act that
17    is determined to be confidential and proprietary by the
18    Illinois Power Agency or by the Illinois Commerce
19    Commission.
20        (z) Information about students exempted from
21    disclosure under Sections 10-20.38 or 34-18.29 of the
22    School Code, and information about undergraduate students
23    enrolled at an institution of higher education exempted
24    from disclosure under Section 25 of the Illinois Credit
25    Card Marketing Act of 2009.
26        (aa) Information the disclosure of which is exempted



HB2689- 19 -LRB098 09671 JDS 39818 b

1    under the Viatical Settlements Act of 2009.
2        (bb) Records and information provided to a mortality
3    review team and records maintained by a mortality review
4    team appointed under the Department of Juvenile Justice
5    Mortality Review Team Act.
6        (cc) Information regarding interments, entombments, or
7    inurnments of human remains that are submitted to the
8    Cemetery Oversight Database under the Cemetery Care Act or
9    the Cemetery Oversight Act, whichever is applicable.
10        (dd) Correspondence and records (i) that may not be
11    disclosed under Section 11-9 of the Public Aid Code or (ii)
12    that pertain to appeals under Section 11-8 of the Public
13    Aid Code.
14        (ee) The names, addresses, or other personal
15    information of persons who are minors and are also
16    participants and registrants in programs of park
17    districts, forest preserve districts, conservation
18    districts, recreation agencies, and special recreation
19    associations.
20        (ff) The names, addresses, or other personal
21    information of participants and registrants in programs of
22    park districts, forest preserve districts, conservation
23    districts, recreation agencies, and special recreation
24    associations where such programs are targeted primarily to
25    minors.
26        (gg) Confidential information described in Section



HB2689- 20 -LRB098 09671 JDS 39818 b

1    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the public,
14except as stated in this Section or otherwise provided in this
16(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
1796-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
1896-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
198-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; 97-783,
20eff. 7-13-12; 97-813, eff. 7-13-12; 97-847, eff. 9-22-12;
2197-1065, eff. 8-24-12; 97-1129, eff. 8-28-12; revised
23    Section 15. The Illinois Public Labor Relations Act is
24amended by changing Sections 7 and 24 as follows:



HB2689- 21 -LRB098 09671 JDS 39818 b

1    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
2    Sec. 7. Duty to bargain.
3    (a) A public employer and the exclusive representative have
4the authority and the duty to bargain collectively set forth in
5this Section.
6    For the purposes of this Act, "to bargain collectively"
7means the performance of the mutual obligation of the public
8employer or his designated representative and the
9representative of the public employees to meet at reasonable
10times, including meetings in advance of the budget-making
11process, and to negotiate in good faith with respect to wages,
12hours, and other conditions of employment, not excluded by
13Section 4 of this Act, or the negotiation of an agreement, or
14any question arising thereunder and the execution of a written
15contract incorporating any agreement reached if requested by
16either party, but such obligation does not compel either party
17to agree to a proposal or require the making of a concession.
18    The duty "to bargain collectively" shall also include an
19obligation to negotiate over any matter with respect to wages,
20hours and other conditions of employment, not specifically
21provided for in any other law or not specifically in violation
22of the provisions of any law. If any other law pertains, in
23part, to a matter affecting the wages, hours and other
24conditions of employment, such other law shall not be construed
25as limiting the duty "to bargain collectively" and to enter
26into collective bargaining agreements containing clauses which



HB2689- 22 -LRB098 09671 JDS 39818 b

1either supplement, implement, or relate to the effect of such
2provisions in other laws.
3    The duty "to bargain collectively" shall also include
4negotiations as to the terms of a collective bargaining
5agreement. The parties may, by mutual agreement, provide for
6arbitration of impasses resulting from their inability to agree
7upon wages, hours and terms and conditions of employment to be
8included in a collective bargaining agreement. Such
9arbitration provisions shall be subject to the Illinois
10"Uniform Arbitration Act" unless agreed by the parties.
11    The duty "to bargain collectively" shall also mean that no
12party to a collective bargaining contract shall terminate or
13modify such contract, unless the party desiring such
14termination or modification:
15        (1) serves a written notice upon the other party to the
16    contract of the proposed termination or modification 60
17    days prior to the expiration date thereof, or in the event
18    such contract contains no expiration date, 60 days prior to
19    the time it is proposed to make such termination or
20    modification;
21        (2) offers to meet and confer with the other party for
22    the purpose of negotiating a new contract or a contract
23    containing the proposed modifications;
24        (3) notifies the Board within 30 days after such notice
25    of the existence of a dispute, provided no agreement has
26    been reached by that time; and



HB2689- 23 -LRB098 09671 JDS 39818 b

1        (4) continues in full force and effect, without
2    resorting to strike or lockout, all the terms and
3    conditions of the existing contract for a period of 60 days
4    after such notice is given to the other party or until the
5    expiration date of such contract, whichever occurs later.
6    The duties imposed upon employers, employees and labor
7organizations by paragraphs (2), (3) and (4) shall become
8inapplicable upon an intervening certification of the Board,
9under which the labor organization, which is a party to the
10contract, has been superseded as or ceased to be the exclusive
11representative of the employees pursuant to the provisions of
12subsection (a) of Section 9, and the duties so imposed shall
13not be construed as requiring either party to discuss or agree
14to any modification of the terms and conditions contained in a
15contract for a fixed period, if such modification is to become
16effective before such terms and conditions can be reopened
17under the provisions of the contract.
18    (b) Collective bargaining for home care and home health
19workers who function as personal care attendants, personal
20assistants, and individual maintenance home health workers
21under the Home Services Program shall be limited to the terms
22and conditions of employment under the State's control, as
23defined in Public Act 93-204 or this amendatory Act of the 97th
24General Assembly, as applicable.
25    (c) Collective bargaining for child and day care home
26providers under the child care assistance program shall be



HB2689- 24 -LRB098 09671 JDS 39818 b

1limited to the terms and conditions of employment under the
2State's control, as defined in this amendatory Act of the 94th
3General Assembly.
4    (d) Notwithstanding any other provision of this Section,
5whenever collective bargaining is for the purpose of
6establishing an initial agreement following original
7certification of units with fewer than 35 employees, with
8respect to public employees other than peace officers, fire
9fighters, and security employees, the following apply:
10        (1) Not later than 10 days after receiving a written
11    request for collective bargaining from a labor
12    organization that has been newly certified as a
13    representative as defined in Section 6(c), or within such
14    further period as the parties agree upon, the parties shall
15    meet and commence to bargain collectively and shall make
16    every reasonable effort to conclude and sign a collective
17    bargaining agreement.
18        (2) If anytime after the expiration of the 90-day
19    period beginning on the date on which bargaining is
20    commenced the parties have failed to reach an agreement,
21    either party may notify the Illinois Public Labor Relations
22    Board of the existence of a dispute and request mediation
23    in accordance with the provisions of Section 14 of this
24    Act.
25        (3) If after the expiration of the 30-day period
26    beginning on the date on which mediation commenced, or such



HB2689- 25 -LRB098 09671 JDS 39818 b

1    additional period as the parties may agree upon, the
2    mediator is not able to bring the parties to agreement by
3    conciliation, either the exclusive representative of the
4    employees or the employer may request of the other, in
5    writing, arbitration and shall submit a copy of the request
6    to the board. Upon submission of the request for
7    arbitration, the parties shall be required to participate
8    in the impasse arbitration procedures set forth in Section
9    14 of this Act, except the right to strike shall not be
10    considered waived pursuant to Section 17 of this Act, until
11    the actual convening of the arbitration hearing.
12    (e) Notwithstanding any other provision of this Act, once
13an agreement is reached between a public employer and the
14exclusive representative of a bargaining unit concerning the
15terms of a collective bargaining agreement, that agreement
16shall be reduced to writing and published on the website of the
17public employer. Not less than 14 days after publication of the
18agreement on its website, the public employer shall hold an
19open public meeting on ratification of the agreement. No
20agreement shall be ratified by the parties until after the
21public employer publishes the agreement on its website and
22holds an open public meeting on ratification of the agreement
23as required under this subsection (e). Upon ratification, the
24agreement shall be signed by the parties.
25(Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)



HB2689- 26 -LRB098 09671 JDS 39818 b

1    (5 ILCS 315/24)  (from Ch. 48, par. 1624)
2    Sec. 24. Meetings. Except as provided in Section 7 of this
3Act, the The provisions of the Open Meetings Act shall not
4apply to collective bargaining negotiations and grievance
5arbitration conducted pursuant to this Act.
6(Source: P.A. 83-1012.)
7    Section 20. The Illinois Educational Labor Relations Act is
8amended by changing Sections 10 and 18 as follows:
9    (115 ILCS 5/10)  (from Ch. 48, par. 1710)
10    Sec. 10. Duty to bargain. (a) An educational employer and
11the exclusive representative have the authority and the duty to
12bargain collectively as set forth in this Section. Collective
13bargaining is the performance of the mutual obligations of the
14educational employer and the representative of the educational
15employees to meet at reasonable times and confer in good faith
16with respect to wages, hours and other terms and conditions of
17employment, and to execute a written contract incorporating any
18agreement reached by such obligation, provided such obligation
19does not compel either party to agree to a proposal or require
20the making of a concession.
21    (b) The parties to the collective bargaining process shall
22not effect or implement a provision in a collective bargaining
23agreement if the implementation of that provision would be in
24violation of, or inconsistent with, or in conflict with any



HB2689- 27 -LRB098 09671 JDS 39818 b

1statute or statutes enacted by the General Assembly of
2Illinois. The parties to the collective bargaining process may
3effect or implement a provision in a collective bargaining
4agreement if the implementation of that provision has the
5effect of supplementing any provision in any statute or
6statutes enacted by the General Assembly of Illinois pertaining
7to wages, hours or other conditions of employment; provided
8however, no provision in a collective bargaining agreement may
9be effected or implemented if such provision has the effect of
10negating, abrogating, replacing, reducing, diminishing, or
11limiting in any way any employee rights, guarantees or
12privileges pertaining to wages, hours or other conditions of
13employment provided in such statutes. Any provision in a
14collective bargaining agreement which has the effect of
15negating, abrogating, replacing, reducing, diminishing or
16limiting in any way any employee rights, guarantees or
17privileges provided in an Illinois statute or statutes shall be
18void and unenforceable, but shall not affect the validity,
19enforceability and implementation of other permissible
20provisions of the collective bargaining agreement.
21    (c) The collective bargaining agreement negotiated between
22representatives of the educational employees and the
23educational employer shall contain a grievance resolution
24procedure which shall apply to all employees in the unit and
25shall provide for binding arbitration of disputes concerning
26the administration or interpretation of the agreement. The



HB2689- 28 -LRB098 09671 JDS 39818 b

1agreement shall also contain appropriate language prohibiting
2strikes for the duration of the agreement. The costs of such
3arbitration shall be borne equally by the educational employer
4and the employee organization.
5    (d) Notwithstanding any other provision of this Act, once
6Once an agreement is reached between representatives of the
7educational employees and the educational employer concerning
8the terms of a collective bargaining agreement, that and is
9ratified by both parties, the agreement shall be reduced to
10writing and published on the website of the educational
11employer. Not less than 14 days after publication of the
12agreement on its website, the educational employer shall hold
13an open public meeting on ratification of the agreement. No
14agreement concerning the terms of a collective bargaining
15agreement shall be ratified by the parties until after the
16educational employer publishes the agreement on its website and
17holds an open public meeting on ratification of the agreement
18as required under this subsection (d). Upon ratification, the
19agreement shall be signed by the parties.
20(Source: P.A. 84-832.)
21    (115 ILCS 5/18)  (from Ch. 48, par. 1718)
22    Sec. 18. Meetings. Except as provided in Section 10 of this
23Act, the The provisions of the Open Meetings Act shall not
24apply to collective bargaining negotiations and grievance
25arbitrations conducted pursuant to this Act.



HB2689- 29 -LRB098 09671 JDS 39818 b

1(Source: P.A. 83-1014.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.