Full Text of SB1308 100th General Assembly
SB1308sam001 100TH GENERAL ASSEMBLY | Sen. Michael Connelly Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1308
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1308 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Section 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 | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 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 |
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| 1 | | included within an enumerated exception.
| 2 | | (c) Exceptions. A public body may hold closed meetings to | 3 | | consider the
following subjects:
| 4 | | (1) The appointment, employment, compensation, | 5 | | discipline, performance,
or dismissal of specific | 6 | | employees of the public body or legal counsel for
the | 7 | | public body, including hearing
testimony on a complaint | 8 | | lodged against an employee of the public body or
against | 9 | | legal counsel for the public body to determine its | 10 | | validity. However, a meeting to consider an increase in | 11 | | compensation to a specific employee of a public body that | 12 | | is subject to the Local Government Wage Increase | 13 | | Transparency Act may not be closed and shall be open to the | 14 | | public and posted and held in accordance with this Act.
| 15 | | (2) Collective negotiating matters between the public | 16 | | body and its
employees or their representatives, or | 17 | | deliberations concerning salary
schedules for one or more | 18 | | classes of employees , except that any meeting required | 19 | | under either subsection (e) of Section 7 of the Illinois | 20 | | Public Labor Relations Act or subsection (d) of Section 10 | 21 | | of the Illinois Educational Labor Relations Act shall be | 22 | | open to the public, unless that meeting involves the State | 23 | | of Illinois as a public employer .
| 24 | | (3) The selection of a person to fill a public office,
| 25 | | as defined in this Act, including a vacancy in a public | 26 | | office, when the public
body is given power to appoint |
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| 1 | | under law or ordinance, or the discipline,
performance or | 2 | | removal of the occupant of a public office, when the public | 3 | | body
is given power to remove the occupant under law or | 4 | | ordinance.
| 5 | | (4) Evidence or testimony presented in open hearing, or | 6 | | in closed
hearing where specifically authorized by law, to
| 7 | | a quasi-adjudicative body, as defined in this Act, provided | 8 | | that the body
prepares and makes available for public | 9 | | inspection a written decision
setting forth its | 10 | | determinative reasoning.
| 11 | | (5) The purchase or lease of real property for the use | 12 | | of
the public body, including meetings held for the purpose | 13 | | of discussing
whether a particular parcel should be | 14 | | acquired.
| 15 | | (6) The setting of a price for sale or lease of | 16 | | property owned
by the public body.
| 17 | | (7) The sale or purchase of securities, investments, or | 18 | | investment
contracts. This exception shall not apply to the | 19 | | investment of assets or income of funds deposited into the | 20 | | Illinois Prepaid Tuition Trust Fund.
| 21 | | (8) Security procedures, school building safety and | 22 | | security, and the use of personnel and
equipment to respond | 23 | | to an actual, a threatened, or a reasonably
potential | 24 | | danger to the safety of employees, students, staff, the | 25 | | public, or
public
property.
| 26 | | (9) Student disciplinary cases.
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| 1 | | (10) The placement of individual students in special | 2 | | education
programs and other matters relating to | 3 | | individual students.
| 4 | | (11) Litigation, when an action against, affecting or | 5 | | on behalf of the
particular public body has been filed and | 6 | | is pending before a court or
administrative tribunal, or | 7 | | when the public body finds that an action is
probable or | 8 | | imminent, in which case the basis for the finding shall be
| 9 | | recorded and entered into the minutes of the closed | 10 | | meeting.
| 11 | | (12) The establishment of reserves or settlement of | 12 | | claims as provided
in the Local Governmental and | 13 | | Governmental Employees Tort Immunity Act, if
otherwise the | 14 | | disposition of a claim or potential claim might be
| 15 | | prejudiced, or the review or discussion of claims, loss or | 16 | | risk management
information, records, data, advice or | 17 | | communications from or with respect
to any insurer of the | 18 | | public body or any intergovernmental risk management
| 19 | | association or self insurance pool of which the public body | 20 | | is a member.
| 21 | | (13) Conciliation of complaints of discrimination in | 22 | | the sale or rental
of housing, when closed meetings are | 23 | | authorized by the law or ordinance
prescribing fair housing | 24 | | practices and creating a commission or
administrative | 25 | | agency for their enforcement.
| 26 | | (14) Informant sources, the hiring or assignment of |
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| 1 | | undercover personnel
or equipment, or ongoing, prior or | 2 | | future criminal investigations, when
discussed by a public | 3 | | body with criminal investigatory responsibilities.
| 4 | | (15) Professional ethics or performance when | 5 | | considered by an advisory
body appointed to advise a | 6 | | licensing or regulatory agency on matters
germane to the | 7 | | advisory body's field of competence.
| 8 | | (16) Self evaluation, practices and procedures or | 9 | | professional ethics,
when meeting with a representative of | 10 | | a statewide association of which the
public body is a | 11 | | member.
| 12 | | (17) The recruitment, credentialing, discipline or | 13 | | formal peer review
of physicians or other
health care | 14 | | professionals, or for the discussion of matters protected | 15 | | under the federal Patient Safety and Quality Improvement | 16 | | Act of 2005, and the regulations promulgated thereunder, | 17 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | 18 | | Health Insurance Portability and Accountability Act of | 19 | | 1996, and the regulations promulgated thereunder, | 20 | | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | 21 | | or
other institution providing medical care, that is | 22 | | operated by the public body.
| 23 | | (18) Deliberations for decisions of the Prisoner | 24 | | Review Board.
| 25 | | (19) Review or discussion of applications received | 26 | | under the
Experimental Organ Transplantation Procedures |
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| 1 | | Act.
| 2 | | (20) The classification and discussion of matters | 3 | | classified as
confidential or continued confidential by | 4 | | the State Government Suggestion Award
Board.
| 5 | | (21) Discussion of minutes of meetings lawfully closed | 6 | | under this Act,
whether for purposes of approval by the | 7 | | body of the minutes or semi-annual
review of the minutes as | 8 | | mandated by Section 2.06.
| 9 | | (22) Deliberations for decisions of the State
| 10 | | Emergency Medical Services Disciplinary
Review Board.
| 11 | | (23) The operation by a municipality of a municipal | 12 | | utility or the
operation of a
municipal power agency or | 13 | | municipal natural gas agency when the
discussion involves | 14 | | (i) contracts relating to the
purchase, sale, or delivery | 15 | | of electricity or natural gas or (ii) the results
or | 16 | | conclusions of load forecast studies.
| 17 | | (24) Meetings of a residential health care facility | 18 | | resident sexual
assault and death review
team or
the | 19 | | Executive
Council under the Abuse Prevention Review
Team | 20 | | Act.
| 21 | | (25) Meetings of an independent team of experts under | 22 | | Brian's Law. | 23 | | (26) Meetings of a mortality review team appointed | 24 | | under the Department of Juvenile Justice Mortality Review | 25 | | Team Act. | 26 | | (27) (Blank). |
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| 1 | | (28) Correspondence and records (i) that may not be | 2 | | disclosed under Section 11-9 of the Illinois Public Aid | 3 | | Code or (ii) that pertain to appeals under Section 11-8 of | 4 | | the Illinois Public Aid Code. | 5 | | (29) Meetings between internal or external auditors | 6 | | and governmental audit committees, finance committees, and | 7 | | their equivalents, when the discussion involves internal | 8 | | control weaknesses, identification of potential fraud risk | 9 | | areas, known or suspected frauds, and fraud interviews | 10 | | conducted in accordance with generally accepted auditing | 11 | | standards of the United States of America. | 12 | | (30) Those meetings or portions of meetings of a | 13 | | fatality review team or the Illinois Fatality Review Team | 14 | | Advisory Council during which a review of the death of an | 15 | | eligible adult in which abuse or neglect is suspected, | 16 | | alleged, or substantiated is conducted pursuant to Section | 17 | | 15 of the Adult Protective Services Act. | 18 | | (31) Meetings and deliberations for decisions of the | 19 | | Concealed Carry Licensing Review Board under the Firearm | 20 | | Concealed Carry Act. | 21 | | (32) Meetings between the Regional Transportation | 22 | | Authority Board and its Service Boards when the discussion | 23 | | involves review by the Regional Transportation Authority | 24 | | Board of employment contracts under Section 28d of the | 25 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 26 | | 3B.26 of the Regional Transportation Authority Act. |
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| 1 | | (33) Those meetings or portions of meetings of the | 2 | | advisory committee and peer review subcommittee created | 3 | | under Section 320 of the Illinois Controlled Substances Act | 4 | | during which specific controlled substance prescriber, | 5 | | dispenser, or patient information is discussed. | 6 | | (d) Definitions. For purposes of this Section:
| 7 | | "Employee" means a person employed by a public body whose | 8 | | relationship
with the public body constitutes an | 9 | | employer-employee relationship under
the usual common law | 10 | | rules, and who is not an independent contractor.
| 11 | | "Public office" means a position created by or under the
| 12 | | Constitution or laws of this State, the occupant of which is | 13 | | charged with
the exercise of some portion of the sovereign | 14 | | power of this State. The term
"public office" shall include | 15 | | members of the public body, but it shall not
include | 16 | | organizational positions filled by members thereof, whether
| 17 | | established by law or by a public body itself, that exist to | 18 | | assist the
body in the conduct of its business.
| 19 | | "Quasi-adjudicative body" means an administrative body | 20 | | charged by law or
ordinance with the responsibility to conduct | 21 | | hearings, receive evidence or
testimony and make | 22 | | determinations based
thereon, but does not include
local | 23 | | electoral boards when such bodies are considering petition | 24 | | challenges.
| 25 | | (e) Final action. No final action may be taken at a closed | 26 | | meeting.
Final action shall be preceded by a public recital of |
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| 1 | | the nature of the
matter being considered and other information | 2 | | that will inform the
public of the business being conducted.
| 3 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 4 | | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; | 5 | | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; | 6 | | 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff. | 7 | | 1-1-17; revised 9-21-16.)
| 8 | | Section 10. The Freedom of Information Act is amended by | 9 | | changing Section 7 as follows: | 10 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 11 | | Sec. 7. Exemptions.
| 12 | | (1) When a request is made to inspect or copy a public | 13 | | record that contains information that is exempt from disclosure | 14 | | under this Section, but also contains information that is not | 15 | | exempt from disclosure, the public body may elect to redact the | 16 | | information that is exempt. The public body shall make the | 17 | | remaining information available for inspection and copying. | 18 | | Subject to this requirement, the following shall be exempt from | 19 | | inspection and copying:
| 20 | | (a) Information specifically prohibited from | 21 | | disclosure by federal or
State law or rules and regulations | 22 | | implementing federal or State law.
| 23 | | (b) Private information, unless disclosure is required | 24 | | by another provision of this Act, a State or federal law or |
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| 1 | | a court order. | 2 | | (b-5) Files, documents, and other data or databases | 3 | | maintained by one or more law enforcement agencies and | 4 | | specifically designed to provide information to one or more | 5 | | law enforcement agencies regarding the physical or mental | 6 | | status of one or more individual subjects. | 7 | | (c) Personal information contained within public | 8 | | records, the disclosure of which would constitute a clearly
| 9 | | unwarranted invasion of personal privacy, unless the | 10 | | disclosure is
consented to in writing by the individual | 11 | | subjects of the information. "Unwarranted invasion of | 12 | | personal privacy" means the disclosure of information that | 13 | | is highly personal or objectionable to a reasonable person | 14 | | and in which the subject's right to privacy outweighs any | 15 | | legitimate public interest in obtaining the information. | 16 | | The
disclosure of information that bears on the public | 17 | | duties of public
employees and officials shall not be | 18 | | considered an invasion of personal
privacy.
| 19 | | (d) Records in the possession of any public body | 20 | | created in the course of administrative enforcement
| 21 | | proceedings, and any law enforcement or correctional | 22 | | agency for
law enforcement purposes,
but only to the extent | 23 | | that disclosure would:
| 24 | | (i) interfere with pending or actually and | 25 | | reasonably contemplated
law enforcement proceedings | 26 | | conducted by any law enforcement or correctional
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| 1 | | agency that is the recipient of the request;
| 2 | | (ii) interfere with active administrative | 3 | | enforcement proceedings
conducted by the public body | 4 | | that is the recipient of the request;
| 5 | | (iii) create a substantial likelihood that a | 6 | | person will be deprived of a fair trial or an impartial | 7 | | hearing;
| 8 | | (iv) unavoidably disclose the identity of a | 9 | | confidential source, confidential information | 10 | | furnished only by the confidential source, or persons | 11 | | who file complaints with or provide information to | 12 | | administrative, investigative, law enforcement, or | 13 | | penal agencies; except that the identities of | 14 | | witnesses to traffic accidents, traffic accident | 15 | | reports, and rescue reports shall be provided by | 16 | | agencies of local government, except when disclosure | 17 | | would interfere with an active criminal investigation | 18 | | conducted by the agency that is the recipient of the | 19 | | request;
| 20 | | (v) disclose unique or specialized investigative | 21 | | techniques other than
those generally used and known or | 22 | | disclose internal documents of
correctional agencies | 23 | | related to detection, observation or investigation of
| 24 | | incidents of crime or misconduct, and disclosure would | 25 | | result in demonstrable harm to the agency or public | 26 | | body that is the recipient of the request;
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| 1 | | (vi) endanger the life or physical safety of law | 2 | | enforcement personnel
or any other person; or
| 3 | | (vii) obstruct an ongoing criminal investigation | 4 | | by the agency that is the recipient of the request.
| 5 | | (d-5) A law enforcement record created for law | 6 | | enforcement purposes and contained in a shared electronic | 7 | | record management system if the law enforcement agency that | 8 | | is the recipient of the request did not create the record, | 9 | | did not participate in or have a role in any of the events | 10 | | which are the subject of the record, and only has access to | 11 | | the record through the shared electronic record management | 12 | | system. | 13 | | (e) Records that relate to or affect the security of | 14 | | correctional
institutions and detention facilities.
| 15 | | (e-5) Records requested by persons committed to the | 16 | | Department of Corrections if those materials are available | 17 | | in the library of the correctional facility where the | 18 | | inmate is confined. | 19 | | (e-6) Records requested by persons committed to the | 20 | | Department of Corrections if those materials include | 21 | | records from staff members' personnel files, staff | 22 | | rosters, or other staffing assignment information. | 23 | | (e-7) Records requested by persons committed to the | 24 | | Department of Corrections if those materials are available | 25 | | through an administrative request to the Department of | 26 | | Corrections. |
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| 1 | | (f) Preliminary drafts, notes, recommendations, | 2 | | memoranda and other
records in which opinions are | 3 | | expressed, or policies or actions are
formulated, except | 4 | | that a specific record or relevant portion of a
record | 5 | | shall not be exempt when the record is publicly cited
and | 6 | | identified by the head of the public body. The exemption | 7 | | provided in
this paragraph (f) extends to all those records | 8 | | of officers and agencies
of the General Assembly that | 9 | | pertain to the preparation of legislative
documents.
| 10 | | (g) Trade secrets and commercial or financial | 11 | | information obtained from
a person or business where the | 12 | | trade secrets or commercial or financial information are | 13 | | furnished under a claim that they are
proprietary, | 14 | | privileged or confidential, and that disclosure of the | 15 | | trade
secrets or commercial or financial information would | 16 | | cause competitive harm to the person or business, and only | 17 | | insofar as the claim directly applies to the records | 18 | | requested. | 19 | | The information included under this exemption includes | 20 | | all trade secrets and commercial or financial information | 21 | | obtained by a public body, including a public pension fund, | 22 | | from a private equity fund or a privately held company | 23 | | within the investment portfolio of a private equity fund as | 24 | | a result of either investing or evaluating a potential | 25 | | investment of public funds in a private equity fund. The | 26 | | exemption contained in this item does not apply to the |
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| 1 | | aggregate financial performance information of a private | 2 | | equity fund, nor to the identity of the fund's managers or | 3 | | general partners. The exemption contained in this item does | 4 | | not apply to the identity of a privately held company | 5 | | within the investment portfolio of a private equity fund, | 6 | | unless the disclosure of the identity of a privately held | 7 | | company may cause competitive harm. | 8 | | Nothing contained in this
paragraph (g) shall be | 9 | | construed to prevent a person or business from
consenting | 10 | | to disclosure.
| 11 | | (h) Proposals and bids for any contract, grant, or | 12 | | agreement, including
information which if it were | 13 | | disclosed would frustrate procurement or give
an advantage | 14 | | to any person proposing to enter into a contractor | 15 | | agreement
with the body, until an award or final selection | 16 | | is made. Information
prepared by or for the body in | 17 | | preparation of a bid solicitation shall be
exempt until an | 18 | | award or final selection is made.
| 19 | | (i) Valuable formulae,
computer geographic systems,
| 20 | | designs, drawings and research data obtained or
produced by | 21 | | any public body when disclosure could reasonably be | 22 | | expected to
produce private gain or public loss.
The | 23 | | exemption for "computer geographic systems" provided in | 24 | | this paragraph
(i) does not extend to requests made by news | 25 | | media as defined in Section 2 of
this Act when the | 26 | | requested information is not otherwise exempt and the only
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| 1 | | purpose of the request is to access and disseminate | 2 | | information regarding the
health, safety, welfare, or | 3 | | legal rights of the general public.
| 4 | | (j) The following information pertaining to | 5 | | educational matters: | 6 | | (i) test questions, scoring keys and other | 7 | | examination data used to
administer an academic | 8 | | examination;
| 9 | | (ii) information received by a primary or | 10 | | secondary school, college, or university under its | 11 | | procedures for the evaluation of faculty members by | 12 | | their academic peers; | 13 | | (iii) information concerning a school or | 14 | | university's adjudication of student disciplinary | 15 | | cases, but only to the extent that disclosure would | 16 | | unavoidably reveal the identity of the student; and | 17 | | (iv) course materials or research materials used | 18 | | by faculty members. | 19 | | (k) Architects' plans, engineers' technical | 20 | | submissions, and
other
construction related technical | 21 | | documents for
projects not constructed or developed in | 22 | | whole or in part with public funds
and the same for | 23 | | projects constructed or developed with public funds, | 24 | | including but not limited to power generating and | 25 | | distribution stations and other transmission and | 26 | | distribution facilities, water treatment facilities, |
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| 1 | | airport facilities, sport stadiums, convention centers, | 2 | | and all government owned, operated, or occupied buildings, | 3 | | but
only to the extent
that disclosure would compromise | 4 | | security.
| 5 | | (l) Minutes of meetings of public bodies closed to the
| 6 | | public as provided in the Open Meetings Act until the | 7 | | public body
makes the minutes available to the public under | 8 | | Section 2.06 of the Open
Meetings Act.
| 9 | | (m) Communications between a public body and an | 10 | | attorney or auditor
representing the public body that would | 11 | | not be subject to discovery in
litigation, and materials | 12 | | prepared or compiled by or for a public body in
| 13 | | anticipation of a criminal, civil or administrative | 14 | | proceeding upon the
request of an attorney advising the | 15 | | public body, and materials prepared or
compiled with | 16 | | respect to internal audits of public bodies.
| 17 | | (n) Records relating to a public body's adjudication of | 18 | | employee grievances or disciplinary cases; however, this | 19 | | exemption shall not extend to the final outcome of cases in | 20 | | which discipline is imposed.
| 21 | | (o) Administrative or technical information associated | 22 | | with automated
data processing operations, including but | 23 | | not limited to software,
operating protocols, computer | 24 | | program abstracts, file layouts, source
listings, object | 25 | | modules, load modules, user guides, documentation
| 26 | | pertaining to all logical and physical design of |
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| 1 | | computerized systems,
employee manuals, and any other | 2 | | information that, if disclosed, would
jeopardize the | 3 | | security of the system or its data or the security of
| 4 | | materials exempt under this Section.
| 5 | | (p) Records relating to collective negotiating matters
| 6 | | between public bodies and their employees or | 7 | | representatives, except that
any final contract or | 8 | | agreement and any agreement that is the subject of a | 9 | | meeting held pursuant to either subsection (e) of Section 7 | 10 | | of the Illinois Public Labor Relations Act or subsection | 11 | | (d) of Section 10 of the Illinois Educational Labor | 12 | | Relations Act, unless that meeting involves the State of | 13 | | Illinois as a public employer, shall be subject to | 14 | | inspection and copying.
| 15 | | (q) Test questions, scoring keys, and other | 16 | | examination data used to determine the qualifications of an | 17 | | applicant for a license or employment.
| 18 | | (r) The records, documents, and information relating | 19 | | to real estate
purchase negotiations until those | 20 | | negotiations have been completed or
otherwise terminated. | 21 | | With regard to a parcel involved in a pending or
actually | 22 | | and reasonably contemplated eminent domain proceeding | 23 | | under the Eminent Domain Act, records, documents and
| 24 | | information relating to that parcel shall be exempt except | 25 | | as may be
allowed under discovery rules adopted by the | 26 | | Illinois Supreme Court. The
records, documents and |
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| 1 | | information relating to a real estate sale shall be
exempt | 2 | | until a sale is consummated.
| 3 | | (s) Any and all proprietary information and records | 4 | | related to the
operation of an intergovernmental risk | 5 | | management association or
self-insurance pool or jointly | 6 | | self-administered health and accident
cooperative or pool.
| 7 | | Insurance or self insurance (including any | 8 | | intergovernmental risk management association or self | 9 | | insurance pool) claims, loss or risk management | 10 | | information, records, data, advice or communications.
| 11 | | (t) Information contained in or related to | 12 | | examination, operating, or
condition reports prepared by, | 13 | | on behalf of, or for the use of a public
body responsible | 14 | | for the regulation or supervision of financial
| 15 | | institutions or insurance companies, unless disclosure is | 16 | | otherwise
required by State law.
| 17 | | (u) Information that would disclose
or might lead to | 18 | | the disclosure of
secret or confidential information, | 19 | | codes, algorithms, programs, or private
keys intended to be | 20 | | used to create electronic or digital signatures under the
| 21 | | Electronic Commerce Security Act.
| 22 | | (v) Vulnerability assessments, security measures, and | 23 | | response policies
or plans that are designed to identify, | 24 | | prevent, or respond to potential
attacks upon a community's | 25 | | population or systems, facilities, or installations,
the | 26 | | destruction or contamination of which would constitute a |
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| 1 | | clear and present
danger to the health or safety of the | 2 | | community, but only to the extent that
disclosure could | 3 | | reasonably be expected to jeopardize the effectiveness of | 4 | | the
measures or the safety of the personnel who implement | 5 | | them or the public.
Information exempt under this item may | 6 | | include such things as details
pertaining to the | 7 | | mobilization or deployment of personnel or equipment, to | 8 | | the
operation of communication systems or protocols, or to | 9 | | tactical operations.
| 10 | | (w) (Blank). | 11 | | (x) Maps and other records regarding the location or | 12 | | security of generation, transmission, distribution, | 13 | | storage, gathering,
treatment, or switching facilities | 14 | | owned by a utility, by a power generator, or by the | 15 | | Illinois Power Agency.
| 16 | | (y) Information contained in or related to proposals, | 17 | | bids, or negotiations related to electric power | 18 | | procurement under Section 1-75 of the Illinois Power Agency | 19 | | Act and Section 16-111.5 of the Public Utilities Act that | 20 | | is determined to be confidential and proprietary by the | 21 | | Illinois Power Agency or by the Illinois Commerce | 22 | | Commission.
| 23 | | (z) Information about students exempted from | 24 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 25 | | School Code, and information about undergraduate students | 26 | | enrolled at an institution of higher education exempted |
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| 1 | | from disclosure under Section 25 of the Illinois Credit | 2 | | Card Marketing Act of 2009. | 3 | | (aa) Information the disclosure of which is
exempted | 4 | | under the Viatical Settlements Act of 2009.
| 5 | | (bb) Records and information provided to a mortality | 6 | | review team and records maintained by a mortality review | 7 | | team appointed under the Department of Juvenile Justice | 8 | | Mortality Review Team Act. | 9 | | (cc) Information regarding interments, entombments, or | 10 | | inurnments of human remains that are submitted to the | 11 | | Cemetery Oversight Database under the Cemetery Care Act or | 12 | | the Cemetery Oversight Act, whichever is applicable. | 13 | | (dd) Correspondence and records (i) that may not be | 14 | | disclosed under Section 11-9 of the Illinois Public Aid | 15 | | Code or (ii) that pertain to appeals under Section 11-8 of | 16 | | the Illinois Public Aid Code. | 17 | | (ee) The names, addresses, or other personal | 18 | | information of persons who are minors and are also | 19 | | participants and registrants in programs of park | 20 | | districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations. | 23 | | (ff) The names, addresses, or other personal | 24 | | information of participants and registrants in programs of | 25 | | park districts, forest preserve districts, conservation | 26 | | districts, recreation agencies, and special recreation |
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| 1 | | associations where such programs are targeted primarily to | 2 | | minors. | 3 | | (gg) Confidential information described in Section | 4 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 5 | | (hh) The report submitted to the State Board of | 6 | | Education by the School Security and Standards Task Force | 7 | | under item (8) of subsection (d) of Section 2-3.160 of the | 8 | | School Code and any information contained in that report. | 9 | | (ii) Records requested by persons committed to or | 10 | | detained by the Department of Human Services under the | 11 | | Sexually Violent Persons Commitment Act or committed to the | 12 | | Department of Corrections under the Sexually Dangerous | 13 | | Persons Act if those materials: (i) are available in the | 14 | | library of the facility where the individual is confined; | 15 | | (ii) include records from staff members' personnel files, | 16 | | staff rosters, or other staffing assignment information; | 17 | | or (iii) are available through an administrative request to | 18 | | the Department of Human Services or the Department of | 19 | | Corrections. | 20 | | (jj) Confidential information described in Section | 21 | | 5-535 of the Civil Administrative Code of Illinois. | 22 | | (1.5) Any information exempt from disclosure under the | 23 | | Judicial Privacy Act shall be redacted from public records | 24 | | prior to disclosure under this Act. | 25 | | (2) A public record that is not in the possession of a | 26 | | public body but is in the possession of a party with whom the |
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| 1 | | agency has contracted to perform a governmental function on | 2 | | behalf of the public body, and that directly relates to the | 3 | | governmental function and is not otherwise exempt under this | 4 | | Act, shall be considered a public record of the public body, | 5 | | for purposes of this Act. | 6 | | (3) This Section does not authorize withholding of | 7 | | information or limit the
availability of records to the public, | 8 | | except as stated in this Section or
otherwise provided in this | 9 | | Act.
| 10 | | (Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | 11 | | 98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; | 12 | | 99-642, eff. 7-28-16; revised 10-25-16.) | 13 | | Section 15. The Illinois Public Labor Relations Act is | 14 | | amended by changing Sections 7 and 24 as follows:
| 15 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 16 | | Sec. 7. Duty to bargain. | 17 | | (a) A public employer and the exclusive representative
have | 18 | | the authority and the duty to bargain collectively set forth in | 19 | | this
Section.
| 20 | | For the purposes of this Act, "to bargain collectively" | 21 | | means the performance
of the mutual obligation of the public | 22 | | employer or his designated
representative and the | 23 | | representative of the public employees to meet at
reasonable | 24 | | times, including meetings in advance of the budget-making |
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| 1 | | process,
and to negotiate in good faith with respect to wages, | 2 | | hours, and other
conditions
of employment, not excluded by | 3 | | Section 4 of this Act, or the negotiation
of an agreement, or | 4 | | any question arising
thereunder and the execution of a written | 5 | | contract incorporating any agreement
reached if requested by | 6 | | either party, but such obligation does not compel
either party | 7 | | to agree to a proposal or require the making of a concession.
| 8 | | The duty "to bargain collectively" shall also include an | 9 | | obligation to
negotiate over any matter with respect to wages, | 10 | | hours and other conditions
of employment, not specifically | 11 | | provided for in any other law or not specifically
in violation | 12 | | of the provisions
of any law. If any other law pertains, in | 13 | | part, to a matter affecting
the wages, hours and other | 14 | | conditions of employment, such other law shall
not be construed | 15 | | as limiting the duty "to bargain collectively" and to enter
| 16 | | into collective bargaining agreements containing clauses which | 17 | | either supplement,
implement, or relate to the effect of such | 18 | | provisions in other laws.
| 19 | | The duty "to bargain collectively" shall also include | 20 | | negotiations
as to the terms of a collective bargaining | 21 | | agreement.
The parties may, by mutual agreement, provide for | 22 | | arbitration of impasses
resulting from their inability to agree | 23 | | upon wages, hours and terms and
conditions of employment to be | 24 | | included in a collective bargaining agreement.
Such | 25 | | arbitration provisions shall be subject to the Illinois | 26 | | "Uniform Arbitration
Act" unless agreed by the parties.
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| 1 | | The duty "to bargain collectively" shall also mean that no | 2 | | party to a collective
bargaining contract shall terminate or | 3 | | modify such contract, unless the
party desiring such | 4 | | termination or modification:
| 5 | | (1) serves a written notice upon the other party to the | 6 | | contract of the
proposed termination or modification 60 | 7 | | days prior to the expiration date
thereof, or in the event | 8 | | such contract contains no expiration date, 60 days
prior to | 9 | | the time it is proposed to make such termination or | 10 | | modification;
| 11 | | (2) offers to meet and confer with the other party for | 12 | | the purpose of
negotiating a new contract or a contract | 13 | | containing the proposed modifications;
| 14 | | (3) notifies the Board within 30 days after such notice | 15 | | of the existence
of a dispute, provided no agreement has | 16 | | been reached by that time; and
| 17 | | (4) continues in full force and effect, without | 18 | | resorting to strike or
lockout, all the terms and | 19 | | conditions of the existing contract for a period
of 60 days | 20 | | after such notice is given to the other party or until the | 21 | | expiration
date of such contract, whichever occurs later.
| 22 | | The duties imposed upon employers, employees and labor | 23 | | organizations by
paragraphs (2), (3) and (4) shall become | 24 | | inapplicable upon an intervening
certification of the Board, | 25 | | under which the labor organization, which is
a party to the | 26 | | contract, has been superseded as or ceased to be the exclusive
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| 1 | | representative
of the employees pursuant to the provisions of | 2 | | subsection (a) of Section
9, and the duties so imposed shall | 3 | | not be construed as requiring either
party to discuss or agree | 4 | | to any modification of the terms and conditions
contained in a | 5 | | contract for a fixed period, if such modification is to become
| 6 | | effective before such terms and conditions can be reopened | 7 | | under the provisions
of the contract.
| 8 | | (b) Collective bargaining for home care and home health | 9 | | workers who function as personal assistants and individual | 10 | | maintenance home health workers
under
the Home Services Program | 11 | | shall be limited to the terms and conditions of
employment
| 12 | | under the State's control, as defined in Public Act 93-204 or | 13 | | this amendatory Act of the 97th General Assembly, as | 14 | | applicable.
| 15 | | (c) Collective bargaining for child and day care home | 16 | | providers under the child care assistance program shall be | 17 | | limited to the terms and conditions of employment under the | 18 | | State's control, as defined in this amendatory Act of the 94th | 19 | | General Assembly.
| 20 | | (d) Notwithstanding any other provision of this Section, | 21 | | whenever collective bargaining is for the purpose of | 22 | | establishing an initial agreement following original | 23 | | certification of units with fewer than 35 employees, with | 24 | | respect to public employees other than peace officers, fire | 25 | | fighters, and security employees, the following apply: | 26 | | (1) Not later than 10 days after receiving a written |
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| 1 | | request for collective bargaining from a labor | 2 | | organization that has been newly certified as a | 3 | | representative as defined in Section 6(c), or within such | 4 | | further period as the parties agree upon, the parties shall | 5 | | meet and commence to bargain collectively and shall make | 6 | | every reasonable effort to conclude and sign a collective | 7 | | bargaining agreement. | 8 | | (2) If anytime after the expiration of the 90-day | 9 | | period beginning on the date on which bargaining is | 10 | | commenced the parties have failed to reach an agreement, | 11 | | either party may notify the Illinois Public Labor Relations | 12 | | Board of the existence of a dispute and request mediation | 13 | | in accordance with the provisions of Section 14 of this | 14 | | Act. | 15 | | (3) If after the expiration of the 30-day period | 16 | | beginning on the date on which mediation commenced, or such | 17 | | additional period as the parties may agree upon, the | 18 | | mediator is not able to bring the parties to agreement by | 19 | | conciliation, either the exclusive representative of the | 20 | | employees or the employer may request of the other, in | 21 | | writing, arbitration and shall submit a copy of the request | 22 | | to the board. Upon submission of the request for | 23 | | arbitration, the parties shall be required to participate | 24 | | in the impasse arbitration procedures set forth in Section | 25 | | 14 of this Act, except the right to strike shall not be | 26 | | considered waived pursuant to Section 17 of this Act, until |
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| 1 | | the actual convening of the arbitration hearing. | 2 | | (e) Notwithstanding any other provision of this Act, once | 3 | | an agreement is reached between a public employer and the | 4 | | exclusive representative of a bargaining unit concerning all of | 5 | | the terms of a collective bargaining agreement, that
agreement | 6 | | shall be reduced to writing and published on the website of the | 7 | | public employer. Upon ratification, the agreement shall be | 8 | | signed by the parties. Rejection of an agreement by either the | 9 | | public employer or the exclusive representative of the | 10 | | bargaining unit shall not constitute an unfair labor practice. | 11 | | For purposes of this subsection (e), "public employer" does not | 12 | | include the State of Illinois as an employer. | 13 | | (f) No collective bargaining agreement shall be binding on | 14 | | any government agency until it has been ratified by a majority | 15 | | vote of the agency's governing body, with that vote taking | 16 | | place after the public meeting described in subsection (e) of | 17 | | this Section. A collective bargaining agreement entered into | 18 | | with the State of Illinois as a public employer shall not | 19 | | require ratification by vote. | 20 | | (g) In addition to any collective bargaining agreement | 21 | | under this Section, any contract between a public employer and | 22 | | an employee where the total compensation exceeds $150,000 shall | 23 | | also be published on the employer's website for a period of not | 24 | | less than 14 days prior to being signed by both the employer | 25 | | and the employee. | 26 | | If a public contract requires board approval before it may |
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| 1 | | take effect, then not less than 14 days after publication of | 2 | | the contract on its website, the public employer shall hold an | 3 | | open public meeting on the contract. No contract shall take | 4 | | effect until after the public employer publishes the contract | 5 | | on its website and holds an open public meeting on the contract | 6 | | as required under this subsection (g). | 7 | | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| 8 | | (5 ILCS 315/24) (from Ch. 48, par. 1624)
| 9 | | Sec. 24. Meetings. Except as provided in Section 7 of this | 10 | | Act, the The provisions of the Open Meetings Act shall not
| 11 | | apply to collective bargaining negotiations and grievance | 12 | | arbitration conducted
pursuant to this Act.
| 13 | | (Source: P.A. 83-1012.)
| 14 | | Section 20. The Illinois Educational Labor Relations Act is | 15 | | amended by changing Sections 10 and 18 as follows:
| 16 | | (115 ILCS 5/10) (from Ch. 48, par. 1710)
| 17 | | Sec. 10. Duty to bargain. (a) An educational employer and
| 18 | | the exclusive representative have the authority and the duty to | 19 | | bargain
collectively as set forth in this Section. Collective | 20 | | bargaining is the
performance of the mutual obligations of the | 21 | | educational employer and the
representative of the educational | 22 | | employees to meet at reasonable times and
confer in good faith | 23 | | with respect to wages, hours and other terms and
conditions of |
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| 1 | | employment, and to execute a written contract incorporating
any | 2 | | agreement reached by such obligation, provided such obligation | 3 | | does not
compel either party to agree to a proposal or require | 4 | | the making of a concession.
| 5 | | (b) The parties to the collective bargaining process shall | 6 | | not effect
or implement a provision in a collective bargaining | 7 | | agreement if the
implementation of that provision would be in | 8 | | violation of, or inconsistent
with, or in conflict with any | 9 | | statute or statutes enacted by the General
Assembly of | 10 | | Illinois. The parties to the collective bargaining process
may | 11 | | effect or implement a provision in a collective bargaining | 12 | | agreement if
the implementation of that provision has the | 13 | | effect of supplementing any
provision in any statute or | 14 | | statutes enacted by the General Assembly of
Illinois pertaining | 15 | | to wages, hours or other conditions of employment;
provided | 16 | | however, no provision in a collective bargaining agreement may | 17 | | be
effected or implemented if such provision has the effect of | 18 | | negating,
abrogating, replacing, reducing, diminishing, or | 19 | | limiting in any way any
employee rights, guarantees or | 20 | | privileges pertaining to wages, hours or
other conditions of | 21 | | employment provided in such statutes. Any provision in
a | 22 | | collective bargaining agreement which has the effect of | 23 | | negating,
abrogating, replacing, reducing, diminishing or | 24 | | limiting in any way any
employee rights, guarantees or | 25 | | privileges provided in an Illinois statute or
statutes shall be | 26 | | void and unenforceable, but shall not affect the
validity, |
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| 1 | | enforceability and implementation of other permissible | 2 | | provisions
of the collective bargaining agreement.
| 3 | | (c) The collective bargaining agreement negotiated between | 4 | | representatives
of the educational employees and the | 5 | | educational employer shall contain
a grievance resolution | 6 | | procedure which shall apply to all employees in the
unit and | 7 | | shall provide for binding arbitration of disputes concerning | 8 | | the
administration or interpretation of the agreement. The | 9 | | agreement shall
also contain appropriate language prohibiting | 10 | | strikes for the duration of
the agreement. The costs of such | 11 | | arbitration shall be borne equally by the
educational employer | 12 | | and the employee organization.
| 13 | | (d) Notwithstanding any other provision of this Act, once | 14 | | Once an agreement is reached between representatives of the | 15 | | educational
employees and the educational employer concerning | 16 | | the terms of a collective bargaining agreement, that and is | 17 | | ratified by both parties, the
agreement shall be reduced to | 18 | | writing and published on the website of the educational | 19 | | employer. Not less than 14 days after publication of the | 20 | | agreement on its website, the educational employer shall hold | 21 | | an open public meeting on ratification of the agreement. No | 22 | | agreement concerning all of the terms of a collective | 23 | | bargaining agreement shall be ratified by the parties until | 24 | | after the educational employer publishes the agreement on its | 25 | | website and holds an open public meeting on ratification of the | 26 | | agreement as required under this subsection (d). Upon |
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| 1 | | ratification, the agreement shall be signed by the parties. | 2 | | Rejection of an agreement by the educational employer or by the | 3 | | exclusive representative of the educational employees shall | 4 | | not constitute an unfair labor practice.
| 5 | | (e) No collective bargaining agreement shall be binding on | 6 | | any school board until it has been ratified by a majority vote | 7 | | of the district's school board, with that vote taking place | 8 | | after the public meeting described in subsection (d) of this | 9 | | Section. | 10 | | (Source: P.A. 84-832.)
| 11 | | (115 ILCS 5/18) (from Ch. 48, par. 1718)
| 12 | | Sec. 18. Meetings. Except as provided in Section 10 of this | 13 | | Act, the The provisions of the Open Meetings Act shall not
| 14 | | apply to collective bargaining negotiations and grievance | 15 | | arbitrations conducted
pursuant to this Act.
| 16 | | (Source: P.A. 83-1014.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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