100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0442

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2.03.5 new
5 ILCS 140/7.5
20 ILCS 405/405-335
30 ILCS 805/8.41 new

    Amends the Open Meetings Act. Requires a unit of local government or school district with an operating budget of $1 million or more to maintain an Internet website and post to that website, for the current calendar or fiscal year, the following information: (1) information about elected and appointed officials; (2) notice of and materials prepared for meetings; (3) procedures for requesting information from the unit of local government or school district; (4) annual budget; (5) ordinances; (6) procedures to apply for building permits and zoning variances; (7) financial reports and audits; (8) information concerning employee compensation; (9) contracts with lobbying firms; (10) taxes and fees imposed by the unit of local government or school district; (11) rules governing the award of contracts; (12) bids and contracts worth $25,000 or more; (13) a debt disclosure report; and (14) public notices. Provides that any citizen who is a resident of the unit of local government or school district may bring a mandamus or injunction action to compel the unit of local government or school district to comply with the Internet posting requirements. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Amends the Freedom of Information Act. Provides for a statutory exemption for any electronic copy of a record or information maintained on specified websites. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois to make conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0442LRB100 05395 RJF 15406 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 1. The Open Meetings Act is amended by adding
5Section 2.03.5 as follows:
 
6    (5 ILCS 120/2.03.5 new)
7    Sec. 2.03.5. Internet posting requirements.
8    (a) A unit of local government or school district with an
9operating budget of $1 million or more shall maintain an
10Internet website and post to its website for the current
11calendar or fiscal year, as the case may be, the following
12information:
13        (1) The contact information, including the phone
14    number and e-mail address, for all elected and appointed
15    officials, the Freedom of Information Officer, the chief
16    administrator, and the head administrator for each
17    department.
18        (2) The agenda, board packets, and any other prepared
19    materials of all regular meetings shall be posted at least
20    72 hours before a meeting. The agenda, board packets, and
21    any other prepared materials of all special or emergency
22    meetings shall be posted at least 24 hours before a
23    meeting. The posting shall indicate if the agendas are in

 

 

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1    draft form. The minutes from any regular or special meeting
2    shall be posted within 72 hours of approval.
3        (3) In accordance with the Freedom of Information Act,
4    the procedure for requesting information from the unit of
5    local government or school district.
6        (4) The annual budget and appropriation ordinances.
7        (5) The ordinances under which the unit of local
8    government or school district operates as of the effective
9    date of this amendatory Act of the 100th General Assembly
10    and all ordinances thereafter adopted.
11        (6) The procedures required to apply for building
12    permits and zoning variances.
13        (7) Any budget, financial audit, audit schedule, or
14    special project report, including without limitation the
15    comprehensive annual financial report, performance audits,
16    and reports required under the Tax Increment Allocation
17    Redevelopment Act in the Illinois Municipal Code. All
18    reports should include the following:
19            (A) All actual revenues and expenditures for at
20        least the 3 previous fiscal years. Any report focusing
21        on any subset of Total should specify that only partial
22        amounts are shown and identify the Total amount and the
23        nature of items not included in the report.
24            (B) Revenues should be broken out by source,
25        including the broad categories of local, State, and
26        federal tax dollars.

 

 

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1            (C) Expenditures should be separated into current
2        operating, capital, and debt service.
3            (D) Expenditure summaries for units of local
4        government should reflect the per-resident calculation
5        for comparison to other governmental bodies. For
6        schools, a per-pupil calculation should be made based
7        on full-time or equivalent enrollment.
8            (E) Audits should include a management letter.
9        (8) A detailed list of the total compensation paid to
10    each employee including wages, salary, overtime, and
11    benefits, including health, dental, life, and pension.
12        (9) Contracts with lobbying firms hired by the unit of
13    local government or school district. The name and amount of
14    money paid to lobbying associations by the unit of local
15    government or school district.
16        (10) A detailed list of the taxes and fees imposed by
17    the unit of local government or school district.
18        (11) The ordinances and rules governing the award of
19    all bids and contracts for purchase in the amount of
20    $25,000 or more.
21        (12) All bids and contracts for purchase in the amount
22    of $25,000 or more.
23        (13) A debt disclosure report that includes the
24    following:
25            (A) sum total of all debts and liabilities;
26            (B) sum total of gross tax levy for the most recent

 

 

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1        tax year;
2            (C) gross operating budget revenue for the most
3        recent fiscal year;
4            (D) total pension liability;
5            (E) total unfunded pension liability; and
6            (F) actuarial cost method used to calculate total
7        pension liability and total unfunded pension
8        liability, and other post-employment benefits,
9        including:
10                (i) projected investment rate of return;
11                (ii) actual investment rate of return over the
12            past 10 years;
13                (iii) annual rate of salary increases;
14                (iv) participant mortality rate; and
15                (v) healthcare cost trend rate for Other
16            Post-Employment Benefits (OPEB).
17        (14) Public notices.
18    (b) No later than one year after the effective date of this
19amendatory Act of the 100th General Assembly, each unit of
20local government or school district shall develop, maintain,
21and make publicly available, in any format the unit of local
22government or school district would otherwise utilize for its
23own purposes, information concerning moneys collected and
24expended by the unit of local government or school distract.
25This information shall include the following:
26        (1) the name and principal location or address of the

 

 

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1    entity receiving moneys, except that information
2    concerning a payment to an employee of the unit of local
3    government or school district shall identify the
4    individual employee by name and business address or
5    location only;
6        (2) the amount of expended moneys;
7        (3) the funding source of the expended moneys;
8        (4) the date of the expenditure;
9        (5) the name of the budget program, activity, or
10    category supporting the expenditure;
11        (6) a description of the purpose for the expenditure;
12    and
13        (7) to the extent possible, a unique identifier for
14    each expenditure.
15    The website shall contain only information that is a public
16record or that is not confidential or otherwise protected from
17public disclosure pursuant to State or federal law.
18    The unit of local government or school district shall
19update the financial data contained on the website at least
20monthly, and archive the financial data, which shall remain
21accessible on the website. The financial data must be easily
22accessible from the main page of the unit of local government
23or school district's website. The unit of local government or
24school district shall create and make easily accessible an
25automated Rich Site Summary (RSS) feed to which users of the
26website may subscribe for notification of updates to the

 

 

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1information.
2    The unit of local government or school district may meet
3all requirements of this subsection by having the information
4and data required to be included on the unit's website database
5posted in the Illinois Transparency and Accountability Portal.
6The unit of local government or school district may also meet
7each requirement of this subsection by supplying labeled links
8on the unit of local government's or school district's website
9to the website of other units of local government or school
10districts that independently post and maintain the information
11and data online.
12    This subsection shall not apply until 6 months after the
13effective date of this amendatory Act of the 100th General
14Assembly.
15    (c) The information required to be posted under subsection
16(a) must be easily accessible from the unit of local
17government's or school district's home page and searchable.
18    (d) The postings required by this Section are in addition
19to any other posting requirements required by law or ordinance.
20    (e) If a unit of local government or school district fails
21to comply with this Section, then any citizen who is a resident
22of the unit of local government or school district may file
23suit in the circuit court for the county where the unit of
24local government or school district is located. The citizen may
25bring a mandamus or injunction action to compel the unit of
26local government or school district to comply with the

 

 

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1requirements set forth in subsection (a). The court may impose
2any penalty or other sanction as it deems appropriate. The
3court, in its discretion, may also award to the citizen
4bringing the action reasonable attorneys' fees and costs.
5    (f) No home rule unit may adopt posting requirements that
6are less restrictive than this Section. This Section is a
7limitation under subsection (i) of Section 6 of Article VII of
8the Illinois Constitution on the concurrent exercise by home
9rule units of powers and functions exercised by the State.
10    (g) All local records required to be posted by this
11amendatory Act of the 100th General Assembly shall remain
12posted on the entity's website, or subsequent websites, for 10
13years.
14    (h) This Section shall not apply to the Department of
15Juvenile Justice School District.
 
16    Section 5. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
 
18    (5 ILCS 140/7.5)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be exempt
21from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and
24    Development Act.

 

 

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1        (b) Library circulation and order records identifying
2    library users with specific materials under the Library
3    Records Confidentiality Act.
4        (c) Applications, related documents, and medical
5    records received by the Experimental Organ Transplantation
6    Procedures Board and any and all documents or other records
7    prepared by the Experimental Organ Transplantation
8    Procedures Board or its staff relating to applications it
9    has received.
10        (d) Information and records held by the Department of
11    Public Health and its authorized representatives relating
12    to known or suspected cases of sexually transmissible
13    disease or any information the disclosure of which is
14    restricted under the Illinois Sexually Transmissible
15    Disease Control Act.
16        (e) Information the disclosure of which is exempted
17    under Section 30 of the Radon Industry Licensing Act.
18        (f) Firm performance evaluations under Section 55 of
19    the Architectural, Engineering, and Land Surveying
20    Qualifications Based Selection Act.
21        (g) Information the disclosure of which is restricted
22    and exempted under Section 50 of the Illinois Prepaid
23    Tuition Act.
24        (h) Information the disclosure of which is exempted
25    under the State Officials and Employees Ethics Act, and
26    records of any lawfully created State or local inspector

 

 

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1    general's office that would be exempt if created or
2    obtained by an Executive Inspector General's office under
3    that Act.
4        (i) Information contained in a local emergency energy
5    plan submitted to a municipality in accordance with a local
6    emergency energy plan ordinance that is adopted under
7    Section 11-21.5-5 of the Illinois Municipal Code.
8        (j) Information and data concerning the distribution
9    of surcharge moneys collected and remitted by wireless
10    carriers under the Wireless Emergency Telephone Safety
11    Act.
12        (k) Law enforcement officer identification information
13    or driver identification information compiled by a law
14    enforcement agency or the Department of Transportation
15    under Section 11-212 of the Illinois Vehicle Code.
16        (l) Records and information provided to a residential
17    health care facility resident sexual assault and death
18    review team or the Executive Council under the Abuse
19    Prevention Review Team Act.
20        (m) Information provided to the predatory lending
21    database created pursuant to Article 3 of the Residential
22    Real Property Disclosure Act, except to the extent
23    authorized under that Article.
24        (n) Defense budgets and petitions for certification of
25    compensation and expenses for court appointed trial
26    counsel as provided under Sections 10 and 15 of the Capital

 

 

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1    Crimes Litigation Act. This subsection (n) shall apply
2    until the conclusion of the trial of the case, even if the
3    prosecution chooses not to pursue the death penalty prior
4    to trial or sentencing.
5        (o) Information that is prohibited from being
6    disclosed under Section 4 of the Illinois Health and
7    Hazardous Substances Registry Act.
8        (p) Security portions of system safety program plans,
9    investigation reports, surveys, schedules, lists, data, or
10    information compiled, collected, or prepared by or for the
11    Regional Transportation Authority under Section 2.11 of
12    the Regional Transportation Authority Act or the St. Clair
13    County Transit District under the Bi-State Transit Safety
14    Act.
15        (q) Information prohibited from being disclosed by the
16    Personnel Records Review Act.
17        (r) Information prohibited from being disclosed by the
18    Illinois School Student Records Act.
19        (s) Information the disclosure of which is restricted
20    under Section 5-108 of the Public Utilities Act.
21        (t) All identified or deidentified health information
22    in the form of health data or medical records contained in,
23    stored in, submitted to, transferred by, or released from
24    the Illinois Health Information Exchange, and identified
25    or deidentified health information in the form of health
26    data and medical records of the Illinois Health Information

 

 

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1    Exchange in the possession of the Illinois Health
2    Information Exchange Authority due to its administration
3    of the Illinois Health Information Exchange. The terms
4    "identified" and "deidentified" shall be given the same
5    meaning as in the Health Insurance Portability and
6    Accountability Act of 1996, Public Law 104-191, or any
7    subsequent amendments thereto, and any regulations
8    promulgated thereunder.
9        (u) Records and information provided to an independent
10    team of experts under Brian's Law.
11        (v) Names and information of people who have applied
12    for or received Firearm Owner's Identification Cards under
13    the Firearm Owners Identification Card Act or applied for
14    or received a concealed carry license under the Firearm
15    Concealed Carry Act, unless otherwise authorized by the
16    Firearm Concealed Carry Act; and databases under the
17    Firearm Concealed Carry Act, records of the Concealed Carry
18    Licensing Review Board under the Firearm Concealed Carry
19    Act, and law enforcement agency objections under the
20    Firearm Concealed Carry Act.
21        (w) Personally identifiable information which is
22    exempted from disclosure under subsection (g) of Section
23    19.1 of the Toll Highway Act.
24        (x) Information which is exempted from disclosure
25    under Section 5-1014.3 of the Counties Code or Section
26    8-11-21 of the Illinois Municipal Code.

 

 

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1        (y) Confidential information under the Adult
2    Protective Services Act and its predecessor enabling
3    statute, the Elder Abuse and Neglect Act, including
4    information about the identity and administrative finding
5    against any caregiver of a verified and substantiated
6    decision of abuse, neglect, or financial exploitation of an
7    eligible adult maintained in the Registry established
8    under Section 7.5 of the Adult Protective Services Act.
9        (z) Records and information provided to a fatality
10    review team or the Illinois Fatality Review Team Advisory
11    Council under Section 15 of the Adult Protective Services
12    Act.
13        (aa) Information which is exempted from disclosure
14    under Section 2.37 of the Wildlife Code.
15        (bb) Information which is or was prohibited from
16    disclosure by the Juvenile Court Act of 1987.
17        (cc) Recordings made under the Law Enforcement
18    Officer-Worn Body Camera Act, except to the extent
19    authorized under that Act.
20        (dd) Information that is prohibited from being
21    disclosed under Section 45 of the Condominium and Common
22    Interest Community Ombudsperson Act.
23        (ee) (dd) Information that is exempted from disclosure
24    under Section 30.1 of the Pharmacy Practice Act.
25        (ff) Any record or information that a unit of local
26    government or school district maintains an electronic copy

 

 

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1    of on its Internet website in order to comply with the Open
2    Meetings Act.
3(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
4eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
599-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
699-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
78-19-16; revised 9-1-16.)
 
8    Section 10. The Department of Central Management Services
9Law of the Civil Administrative Code of Illinois is amended by
10changing Section 405-335 as follows:
 
11    (20 ILCS 405/405-335)
12    Sec. 405-335. Illinois Transparency and Accountability
13Portal (ITAP).
14    (a) The Department, within 12 months after the effective
15date of this amendatory Act of the 96th General Assembly, shall
16establish and maintain a website, known as the Illinois
17Transparency and Accountability Portal (ITAP), with a
18full-time webmaster tasked with compiling and updating the ITAP
19database with information received from all State agencies as
20defined in this Section. Within 6 months of the effective date
21of this amendatory Act, the ITAP shall have the capability to
22compile and update the ITAP database with information received
23from all school districts and units of local government
24including, but not limited to, counties, townships, library

 

 

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1districts, and municipalities. Subject to appropriation, the
2full-time webmaster must also compile and update the ITAP
3database with information received from all school districts
4and units of local government including, but not limited to,
5counties, townships, library districts, and municipalities.
6    (b) For purposes of this Section:
7    "State agency" means the offices of the constitutional
8officers identified in Article V of the Illinois Constitution,
9executive agencies, and departments, boards, commissions, and
10Authorities under the Governor.
11    "Contracts" means payment obligations with vendors on file
12with the Office of the Comptroller to purchase goods and
13services exceeding $10,000 in value (or, in the case of
14professional or artistic services, exceeding $5,000 in value).
15    "Appropriation" means line-item detail of spending
16approved by the General Assembly and Governor, categorized by
17object of expenditure.
18    "Individual consultants" means temporary workers eligible
19to receive State benefits paid on a State payroll.
20    "Recipients" means State agencies receiving
21appropriations.
22    (c) The ITAP shall provide direct access to each of the
23following:
24        (1) A database of all current State employees and
25    individual consultants, except sworn law enforcement
26    officers, sorted separately by:

 

 

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1            (i) Name.
2            (ii) Employing State agency.
3            (iii) Employing State division.
4            (iv) Employment position title.
5            (v) Current pay rate and year-to-date pay.
6        (2) A database of all current State expenditures,
7    sorted separately by agency, category, recipient, and
8    Representative District.
9        (3) A database of all development assistance
10    reportable pursuant to the Corporate Accountability for
11    Tax Expenditures Act, sorted separately by tax credit
12    category, taxpayer, and Representative District.
13        (4) A database of all revocations and suspensions of
14    State occupation and use tax certificates of registration
15    and all revocations and suspensions of State professional
16    licenses, sorted separately by name, geographic location,
17    and certificate of registration number or license number,
18    as applicable. Professional license revocations and
19    suspensions shall be posted only if resulting from a
20    failure to pay taxes, license fees, or child support.
21        (5) A database of all current State contracts, sorted
22    separately by contractor name, awarding officer or agency,
23    contract value, and goods or services provided.
24        (6) A database of all employees hired after the
25    effective date of this amendatory Act of 2010, sorted
26    searchably by each of the following at the time of

 

 

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1    employment:
2            (i) Name.
3            (ii) Employing State agency.
4            (iii) Employing State division.
5            (iv) Employment position title.
6            (v) Current pay rate and year-to-date pay.
7            (vi) County of employment location.
8            (vii) Rutan status.
9            (viii) Status of position as subject to collective
10        bargaining, subject to merit compensation, or exempt
11        under Section 4d of the Personnel Code.
12            (ix) Employment status as probationary, trainee,
13        intern, certified, or exempt from certification.
14            (x) Status as a military veteran.
15        (7) A searchable database of all current county,
16    township, library district, and municipal employees sorted
17    separately by:
18            (i) Employing unit of local government.
19            (ii) Employment position title.
20            (iii) Current pay rate and year-to-date pay.
21        (8) A searchable database of all county, township, and
22    municipal employees hired on or after the effective date of
23    this amendatory Act of the 97th General Assembly, sorted
24    separately by each of the following at the time of
25    employment:
26            (i) Employing unit of local government.

 

 

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1            (ii) Employment position title.
2            (iii) Current pay rate and year-to-date pay.
3        (9) A searchable database of all library district
4    employees hired on or after August 9, 2013 (the effective
5    date of Public Act 98-246), sorted separately by each of
6    the following at the time of employment:
7            (i) Employing unit of local government.
8            (ii) Employment position title.
9            (iii) Current pay rate and year-to-date pay.
10        (10) A link to a website maintained by the Department
11    that contains a list of contact information for each State
12    agency, including a telephone number and a link to the
13    Agency's website. Each State agency shall be responsible
14    for providing and updating the Department with this
15    information.
16        (11) Information provided to the ITAP pursuant to
17    Section 2.03.5 of the Open Meetings Act.
18    (d) The ITAP shall include all information required to be
19published by subsection (c) of this Section that is available
20to the Department in a format the Department can compile and
21publish on the ITAP. The Department shall update the ITAP as
22additional information becomes available in a format that can
23be compiled and published on the ITAP by the Department.
24    (e) Each State agency, county, township, library district,
25and municipality shall cooperate with the Department in
26furnishing the information necessary for the implementation of

 

 

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1this Section within a timeframe specified by the Department.
2    (f) Each county, township, library district, or
3municipality submitting information to be displayed on the
4Illinois Transparency and Accountability Portal (ITAP) is
5responsible for the accuracy of the information provided.
6    (g) The Department, within 6 months after January 1, 2014
7(the effective date of Public Act 98-283), shall distribute a
8spreadsheet or otherwise make data entry available to each
9State agency to facilitate the collection of data on the
10State's annual workforce characteristics, workforce
11compensation, and employee mobility. The Department shall
12determine the data to be collected by each State agency. Each
13State agency shall cooperate with the Department in furnishing
14the data necessary for the implementation of this subsection
15within the timeframe specified by the Department. The
16Department shall publish the data received from each State
17agency on the ITAP or another open data site annually.
18(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
19eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)
 
20    Section 90. The State Mandates Act is amended by adding
21Section 8.41 as follows:
 
22    (30 ILCS 805/8.41 new)
23    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
24of this Act, no reimbursement by the State is required for the

 

 

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1implementation of any mandate created by this amendatory Act of
2the 100th General Assembly.
 
3    Section 97. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.