HB2717 99TH GENERAL ASSEMBLY

LRB099 06014 AWJ 26068 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2717

Introduced , by Rep. Jeanne M Ives

SYNOPSIS AS INTRODUCED:

5 ILCS 140/7.5
50 ILCS 205/25 new
30 ILCS 805/8.39 new

Amends the Local Records Act. Requires a unit of local government or school district with an annual budget of $1 million or more to maintain an Internet website and post to that website, for the current calendar or fiscal year, as the case may be, the following information: (1) contact information for elected and appointed officials; (2) notice of and materials prepared for regular and emergency meetings; (3) procedures for requesting information from the unit of local government or school district; (4) annual budget; (5) ordinances under which the unit of local government or school district operates; (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) campaign contributions made by a vendor; (14) a debt disclosure report; and (15) public notices. Sets forth requirements concerning a searchable expenditure and revenue database. 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. Provides a posting in perpetuity clause. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Contains a severability clause. Amends the Freedom of Information Act. Provides statutory exemption for any electronic copy of a record or information maintained on the website of a unit of local government or school district. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) 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 Local Records Act.

(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)

Section 5. The Local Records Act is amended by adding Section 25 as follows:

(50 ILCS 205/25 new)

Sec. 25. Internet posting requirements.

(a) A unit of local government or school district with a budget of $1 million or more shall maintain an Internet website and post to its website for the current calendar or fiscal year, as the case may be, the following information:

(1) The contact information, including the phone number and e-mail address, for all elected and appointed officials, the Freedom of Information Officer, the chief administrator, and the head administrator for each department.

(2) The agenda, board packets, and any other prepared materials of all regular meetings shall be posted at least 72 hours before a meeting. The agenda, board packets, and any other prepared materials of all special or emergency meetings shall be posted at least 24 hours before a meeting. The posting shall indicate if the agendas are in draft form. The minutes from any regular or special meeting shall be posted within 72 hours of approval.

(3) In accordance with the Freedom of Information Act, the procedure for requesting information from the unit of local government or school district.

(4) The annual budget and appropriation ordinances.

(5) The ordinances under which the unit of local government or school district operates as of the effective date of this amendatory Act of the 99th General Assembly and all ordinances thereafter adopted.

(6) The procedures required to apply for building permits and zoning variances.

(7) Any budget, financial audit, audit schedule, or special project report, including without limitation the comprehensive annual financial report, performance audits, and reports required under the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. All reports should include the following:

(A) All actual revenues and expenditures for at least the 3 previous fiscal years. Any report focusing on any subset of Total should specify that only partial amounts are shown and identify the Total amount and the nature of items not included in the report.

(B) Revenues should be broken out by source, including the broad categories of local, State, and federal tax dollars.

(C) Expenditures should be separated into current operating, capital, and debt service.

(D) Expenditure summaries for units of local government should reflect the per-resident calculation for comparison to other governmental bodies. For schools, a per-pupil calculation should be made based on full-time or equivalent enrollment.

(E) Audits should include a management letter.

(8) A detailed list of the total compensation paid to each employee including wages, salary, overtime, and benefits, including health, dental, life, and pension.

(9) Contracts with lobbying firms hired by the unit of local government or school district. The name and amount of money paid to lobbying associations by the unit of local government or school district.

(10) A detailed list of the taxes and fees imposed by the unit of local government or school district.

(11) The ordinances and rules governing the award of all bids and contracts for purchase in the amount of $25,000 or more.

(12) All bids and contracts for purchase in the amount of $25,000 or more.

(13) All campaign contributions made by a vendor to an official of the unit of local government or school district.

(14) A debt disclosure report that includes the following:

(A) sum total of all debts and liabilities;

(B) sum total of gross tax levy for the most recent tax year;

(C) gross operating budget revenue for the most recent fiscal year;

(D) total pension liability;

(E) total unfunded pension liability; and

(F) actuarial cost method used to calculate total pension liability and total unfunded pension liability, and other post-employment benefits, including:

(i) projected investment rate of return;

(ii) actual investment rate of return over the past 10 years;

(iii) annual rate of salary increases;

(iv) participant mortality rate; and

(v) healthcare cost trend rate for Other Post-Employment Benefits (OPEB); and

(15) Public notices.

(b) No later than one year from the effective date of this amendatory Act of the 99th General Assembly, each unit of local government or school district shall develop, maintain, and make publicly available a single, searchable expenditure and revenue web site database that allows the public, at no cost, to review information concerning moneys collected and expended by the unit of local government or school district. The web site database shall include the following data concerning all expenditures made by the unit of local government or school district:

(1) the name and principal location or address of the entity receiving moneys, except that information concerning a payment to an employee of the unit of local government or school district shall identify the individual employee by name and business address or location only;

(2) the amount of expended moneys;

(3) the funding source of the expended moneys;

(4) the date of the expenditure;

(5) the name of the budget program, activity, or category supporting the expenditure;

(6) a description of the purpose for the expenditure; and

(7) to the extent possible, a unique identifier for each expenditure.

The expenditure data shall be provided in an open structured data format that may be downloaded by the user and allows the user to systematically sort, search, and access all data. The web site database shall contain only information that is a public record or that is not confidential or otherwise protected from public disclosure pursuant to State or federal law.

The unit of local government or school district shall update the financial data contained on the web site database at least monthly, and archive the financial data, which shall remain accessible and searchable on the web site database. The database must be easily accessible from the main page of the unit of local government or school district's web site. The unit of local government or school district shall create and make easily accessible an automated Rich Site Summary (RSS) feed to which users of the web site database may subscribe for notification of updates to the database.

(c) The information required to be posted under subsection (a) must be easily accessible from the unit of local government's or school district's home page and searchable.

(d) The postings required by this Section are in addition to any other posting requirements required by law or ordinance.

(e) If a unit of local government or school district fails to comply with this Section, then any citizen who is a resident of the unit of local government or school district may file suit in the circuit court for the county where the unit of local government or school district is located. The citizen may bring a mandamus or injunction action to compel the unit of local government or school district to comply with the requirements set forth in subsection (a). The court may impose any penalty or other sanction as it deems appropriate. The court, in its discretion, may also award to the citizen bringing the action reasonable attorneys' fees and costs.

(f) No home rule unit may adopt posting requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(g) All local records required to be posted by this amendatory Act of the 99th General Assembly shall remain posted on the entity's website, or subsequent websites, in perpetuity.

Section 90. The State Mandates Act is amended by adding Section 8.39 as follows:

(30 ILCS 805/8.39 new)

Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 99th General Assembly.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.