Illinois General Assembly - Full Text of HB3410
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Full Text of HB3410  102nd General Assembly

HB3410 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3410

 

Introduced 2/22/2021, by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2.03.5 new
5 ILCS 140/7.5
20 ILCS 405/405-335
30 ILCS 805/8.45 new

    Amends the Open Meetings Act. Provides that a unit of local government or school district with an operating budget of $1,000,000 or more shall maintain an Internet website and post to its website for the current calendar or fiscal year specified information. Provides that the information required to be posted must be easily accessible from the unit of local government's or school district's website home page and searchable. Provides penalties for noncompliance. Provides that no home rule unit may adopt posting requirements that are less restrictive than those provided in the Act. Provides that all local records required to be posted shall remain posted on the entity's website, or subsequent websites, for 10 years. Exempts the School District of the Department of Juvenile Justice. Amends the Freedom of Information Act. Provides an exemption from inspection and copying of any record or information that a unit of local government or school district maintains an electronic copy of on its Internet website in order to comply with the Open Meetings Act. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that within 6 months after the effective date of this amendatory Act, the Illinois Transparency and Accountability Portal shall have the capability to compile and update its database with information received from all school districts and units of local government. Authorizes the Illinois Transparency and Accountability Portal to provide direct access to information compiled under specified provisions of the Open Meetings Act. Provides an exempt mandate provision. Provides a severability clause. Effective immediately.


LRB102 12541 RJF 17879 b

 

 

A BILL FOR

 

HB3410LRB102 12541 RJF 17879 b

1    AN ACT concerning State 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 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 $1,000,000 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 email 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    48 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
2    meeting shall be posted within 48 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 102nd 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 or audit schedule,
14    including without limitation, the comprehensive annual
15    financial report, performance audits, and reports required
16    under the Tax Increment Allocation Redevelopment Act in
17    the Illinois Municipal Code. All reports should include
18    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 the total should specify that only
22        partial amounts are shown and identify the total
23        amount and the nature of items not included in the
24        report.
25            (B) Revenues should be broken out by source,
26        including the broad categories of local, State, and

 

 

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1        federal tax dollars.
2            (C) Expenditures should be separated into current
3        operating, capital, and debt service.
4            (D) Expenditure summaries for units of local
5        government should reflect the per-resident calculation
6        for comparison to other governmental bodies. For
7        schools, a per-pupil calculation should be made based
8        on full-time or equivalent enrollment.
9            (E) Audits should include a management letter.
10        (8) A detailed list of the taxes and fees imposed by
11    the unit of local government or school district.
12        (9) The ordinances and rules governing the award of
13    all bids and contracts for purchase in the amount of
14    $25,000 or more.
15        (10) All bids and contracts for purchase in the amount
16    of $25,000 or more.
17        (11) A debt disclosure report that includes the
18    following:
19            (A) sum total of all debts and liabilities;
20            (B) sum total of gross tax levy for the most recent
21        tax year;
22            (C) gross operating budget revenue for the most
23        recent fiscal year;
24            (D) total pension liability; and
25            (E) total unfunded pension liability.
26    (b) The information required to be posted under subsection

 

 

HB3410- 4 -LRB102 12541 RJF 17879 b

1(a) must be easily accessible from the unit of local
2government's or school district's website home page and
3searchable.
4    (c) The postings required by this Section are in addition
5to any other posting requirements required by law or
6ordinance.
7    (d) If a unit of local government or school district fails
8to comply with this Section, then any person, including the
9State's Attorney of the county in which such noncompliance may
10occur, may bring a civil action in the circuit court for the
11judicial circuit in which the alleged noncompliance has
12occurred, or in which the affected public body has its
13principal office. The court, having due regard for orderly
14administration and the public interest, as well as for the
15interests of the parties, may grant such relief as it deems
16appropriate, including granting a relief by mandamus to compel
17the unit of local government or school district to comply with
18the requirements set forth in subsection (a) or injunction
19against future violations of this Act. The court may assess
20against any party reasonable attorney's fees and other
21litigation costs reasonably incurred by any other party who
22substantially prevails in any action brought in accordance
23with this Section, provided that costs may be assessed against
24any private party or parties bringing an action pursuant to
25this Section only upon the court's determination that the
26action is malicious or frivolous in nature.

 

 

HB3410- 5 -LRB102 12541 RJF 17879 b

1    (e) No home rule unit may adopt posting requirements that
2are less restrictive than this Section. This Section is a
3limitation under subsection (i) of Section 6 of Article VII of
4the Illinois Constitution on the concurrent exercise by home
5rule units of powers and functions exercised by the State.
6    (f) All local records required to be posted by this
7amendatory Act of the 102nd General Assembly shall remain
8posted on the entity's website, or subsequent websites, for 10
9years.
10    (g) This Section shall not apply to School District No.
11428, operated by the Department of Juvenile Justice.
 
12    Section 10. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
 
14    (5 ILCS 140/7.5)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
24        (c) Applications, related documents, and medical

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Regional Transportation Authority under Section 2.11 of
7    the Regional Transportation Authority Act or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act.
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) All identified or deidentified health information
17    in the form of health data or medical records contained
18    in, stored in, submitted to, transferred by, or released
19    from the Illinois Health Information Exchange, and
20    identified or deidentified health information in the form
21    of health data and medical records of the Illinois Health
22    Information Exchange in the possession of the Illinois
23    Health Information Exchange Office due to its
24    administration of the Illinois Health Information
25    Exchange. The terms "identified" and "deidentified" shall
26    be given the same meaning as in the Health Insurance

 

 

HB3410- 9 -LRB102 12541 RJF 17879 b

1    Portability and Accountability Act of 1996, Public Law
2    104-191, or any subsequent amendments thereto, and any
3    regulations promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed
14    Carry Licensing Review Board under the Firearm Concealed
15    Carry Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

HB3410- 10 -LRB102 12541 RJF 17879 b

1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

HB3410- 11 -LRB102 12541 RJF 17879 b

1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day
7    and temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session
21    prohibited from disclosure under the First Responders
22    Suicide Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

HB3410- 12 -LRB102 12541 RJF 17879 b

1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

HB3410- 13 -LRB102 12541 RJF 17879 b

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Any record or information that a unit of local
3    government or school district maintains an electronic copy
4    of on its Internet website in order to comply with the Open
5    Meetings Act.
6(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
9eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
10100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
116-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
12eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
13101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
141-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
15eff. 7-7-20.)
 
16    Section 15. The Department of Central Management Services
17Law of the Civil Administrative Code of Illinois is amended by
18changing Section 405-335 as follows:
 
19    (20 ILCS 405/405-335)
20    Sec. 405-335. Illinois Transparency and Accountability
21Portal (ITAP).
22    (a) The Department, within 12 months after the effective
23date of this amendatory Act of the 96th General Assembly,
24shall establish and maintain a website, known as the Illinois

 

 

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1Transparency and Accountability Portal (ITAP), with a
2full-time webmaster tasked with compiling and updating the
3ITAP database with information received from all State
4agencies as defined in this Section. Within 6 months after the
5effective date of this amendatory Act of the 102nd General
6Assembly, ITAP shall have the capability to compile and update
7the ITAP database with information received from all school
8districts and units of local government, including, but not
9limited to, counties, townships, library districts, and
10municipalities. Subject to appropriation, the full-time
11webmaster must also compile and update the ITAP database with
12information received from all school districts and units of
13local government including, but not limited to, counties,
14townships, library districts, and municipalities.
15    (b) For purposes of this Section:
16    "State agency" means the offices of the constitutional
17officers identified in Article V of the Illinois Constitution,
18executive agencies, and departments, boards, commissions, and
19Authorities under the Governor.
20    "Contracts" means payment obligations with vendors on file
21with the Office of the Comptroller to purchase goods and
22services exceeding $10,000 in value (or, in the case of
23professional or artistic services, exceeding $5,000 in value).
24    "Appropriation" means line-item detail of spending
25approved by the General Assembly and Governor, categorized by
26object of expenditure.

 

 

HB3410- 15 -LRB102 12541 RJF 17879 b

1    "Individual consultants" means temporary workers eligible
2to receive State benefits paid on a State payroll.
3    "Recipients" means State agencies receiving
4appropriations.
5    (c) The ITAP shall provide direct access to each of the
6following:
7        (1) A database of all current State employees and
8    individual consultants, except sworn law enforcement
9    officers, sorted separately by:
10            (i) Name.
11            (ii) Employing State agency.
12            (iii) Employing State division.
13            (iv) Employment position title.
14            (v) Current pay rate and year-to-date pay.
15        (2) A database of all current State expenditures,
16    sorted separately by agency, category, recipient, and
17    Representative District.
18        (3) A database of all development assistance
19    reportable pursuant to the Corporate Accountability for
20    Tax Expenditures Act, sorted separately by tax credit
21    category, taxpayer, and Representative District.
22        (4) A database of all revocations and suspensions of
23    State occupation and use tax certificates of registration
24    and all revocations and suspensions of State professional
25    licenses, sorted separately by name, geographic location,
26    and certificate of registration number or license number,

 

 

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1    as applicable. Professional license revocations and
2    suspensions shall be posted only if resulting from a
3    failure to pay taxes, license fees, or child support.
4        (5) A database of all current State contracts, sorted
5    separately by contractor name, awarding officer or agency,
6    contract value, and goods or services provided.
7        (6) A database of all employees hired after the
8    effective date of this amendatory Act of 2010, sorted
9    searchably by each of the following at the time of
10    employment:
11            (i) Name.
12            (ii) Employing State agency.
13            (iii) Employing State division.
14            (iv) Employment position title.
15            (v) Current pay rate and year-to-date pay.
16            (vi) County of employment location.
17            (vii) Rutan status.
18            (viii) Status of position as subject to collective
19        bargaining, subject to merit compensation, or exempt
20        under Section 4d of the Personnel Code.
21            (ix) Employment status as probationary, trainee,
22        intern, certified, or exempt from certification.
23            (x) Status as a military veteran.
24        (7) A searchable database of all current county,
25    township, library district, and municipal employees sorted
26    separately by:

 

 

HB3410- 17 -LRB102 12541 RJF 17879 b

1            (i) Employing unit of local government.
2            (ii) Employment position title.
3            (iii) Current pay rate and year-to-date pay.
4        (8) A searchable database of all county, township, and
5    municipal employees hired on or after the effective date
6    of this amendatory Act of the 97th General Assembly,
7    sorted separately by each of the following at the time of
8    employment:
9            (i) Employing unit of local government.
10            (ii) Employment position title.
11            (iii) Current pay rate and year-to-date pay.
12        (9) A searchable database of all library district
13    employees hired on or after August 9, 2013 (the effective
14    date of Public Act 98-246), sorted separately by each of
15    the following at the time of employment:
16            (i) Employing unit of local government.
17            (ii) Employment position title.
18            (iii) Current pay rate and year-to-date pay.
19        (10) A link to a website maintained by the Department
20    that contains a list of contact information for each State
21    agency, including a telephone number and a link to the
22    Agency's website. Each State agency shall be responsible
23    for providing and updating the Department with this
24    information.
25        (11) Information provided to ITAP under Section 2.03.5
26    of the Open Meetings Act.

 

 

HB3410- 18 -LRB102 12541 RJF 17879 b

1    (d) The ITAP shall include all information required to be
2published by subsection (c) of this Section that is available
3to the Department in a format the Department can compile and
4publish on the ITAP. The Department shall update the ITAP as
5additional information becomes available in a format that can
6be compiled and published on the ITAP by the Department.
7    (e) Each State agency, county, township, library district,
8and municipality shall cooperate with the Department in
9furnishing the information necessary for the implementation of
10this Section within a timeframe specified by the Department.
11    (f) Each county, township, library district, or
12municipality submitting information to be displayed on the
13Illinois Transparency and Accountability Portal (ITAP) is
14responsible for the accuracy of the information provided.
15    (g) The Department, within 6 months after January 1, 2014
16(the effective date of Public Act 98-283), shall distribute a
17spreadsheet or otherwise make data entry available to each
18State agency to facilitate the collection of data on the
19State's annual workforce characteristics, workforce
20compensation, and employee mobility. The Department shall
21determine the data to be collected by each State agency. Each
22State agency shall cooperate with the Department in furnishing
23the data necessary for the implementation of this subsection
24within the timeframe specified by the Department. The
25Department shall publish the data received from each State
26agency on the ITAP or another open data site annually.

 

 

HB3410- 19 -LRB102 12541 RJF 17879 b

1(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13;
298-283, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff.
31-1-15.)
 
4    Section 90. The State Mandates Act is amended by adding
5Section 8.45 as follows:
 
6    (30 ILCS 805/8.45 new)
7    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
88 of this Act, no reimbursement by the State is required for
9the implementation of any mandate created by this amendatory
10Act of the 102nd General Assembly.
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.