Illinois General Assembly - Full Text of HB2717
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Full Text of HB2717  99th General Assembly


Rep. Jeanne M Ives

Filed: 3/23/2015





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2    AMENDMENT NO. ______. Amend House Bill 2717 by replacing
3everything after the enacting clause with the following:
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 a
9budget of $1 million or more shall maintain an Internet website
10and post to its website for the current calendar or fiscal
11year, as the case may be, the following information:
12        (1) The contact information, including the phone
13    number and e-mail address, for all elected and appointed
14    officials, the Freedom of Information Officer, the chief
15    administrator, and the head administrator for each
16    department.



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1        (2) The agenda, board packets, and any other prepared
2    materials of all regular meetings shall be posted at least
3    72 hours before a meeting. The agenda, board packets, and
4    any other prepared materials of all special or emergency
5    meetings shall be posted at least 24 hours before a
6    meeting. The posting shall indicate if the agendas are in
7    draft form. The minutes from any regular or special meeting
8    shall be posted within 72 hours of approval.
9        (3) In accordance with the Freedom of Information Act,
10    the procedure for requesting information from the unit of
11    local government or school district.
12        (4) The annual budget and appropriation ordinances.
13        (5) The ordinances under which the unit of local
14    government or school district operates as of the effective
15    date of this amendatory Act of the 99th General Assembly
16    and all ordinances thereafter adopted.
17        (6) The procedures required to apply for building
18    permits and zoning variances.
19        (7) Any budget, financial audit, audit schedule, or
20    special project report, including without limitation the
21    comprehensive annual financial report, performance audits,
22    and reports required under the Tax Increment Allocation
23    Redevelopment Act in the Illinois Municipal Code. All
24    reports should include the following:
25            (A) All actual revenues and expenditures for at
26        least the 3 previous fiscal years. Any report focusing



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1        on any subset of Total should specify that only partial
2        amounts are shown and identify the Total amount and the
3        nature of items not included in the report.
4            (B) Revenues should be broken out by source,
5        including the broad categories of local, State, and
6        federal tax dollars.
7            (C) Expenditures should be separated into current
8        operating, capital, and debt service.
9            (D) Expenditure summaries for units of local
10        government should reflect the per-resident calculation
11        for comparison to other governmental bodies. For
12        schools, a per-pupil calculation should be made based
13        on full-time or equivalent enrollment.
14            (E) Audits should include a management letter.
15        (8) A detailed list of the total compensation paid to
16    each employee including wages, salary, overtime, and
17    benefits, including health, dental, life, and pension.
18        (9) Contracts with lobbying firms hired by the unit of
19    local government or school district. The name and amount of
20    money paid to lobbying associations by the unit of local
21    government or school district.
22        (10) A detailed list of the taxes and fees imposed by
23    the unit of local government or school district.
24        (11) The ordinances and rules governing the award of
25    all bids and contracts for purchase in the amount of
26    $25,000 or more.



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1        (12) All bids and contracts for purchase in the amount
2    of $25,000 or more.
3        (13) All campaign contributions made by a vendor to an
4    official of the unit of local government or school
5    district.
6        (14) A debt disclosure report that includes the
7    following:
8            (A) sum total of all debts and liabilities;
9            (B) sum total of gross tax levy for the most recent
10        tax year;
11            (C) gross operating budget revenue for the most
12        recent fiscal year;
13            (D) total pension liability;
14            (E) total unfunded pension liability; and
15            (F) actuarial cost method used to calculate total
16        pension liability and total unfunded pension
17        liability, and other post-employment benefits,
18        including:
19                (i) projected investment rate of return;
20                (ii) actual investment rate of return over the
21            past 10 years;
22                (iii) annual rate of salary increases;
23                (iv) participant mortality rate; and
24                (v) healthcare cost trend rate for Other
25            Post-Employment Benefits (OPEB); and
26        (15) Public notices.



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1    (b) No later than one year from the effective date of this
2amendatory Act of the 99th General Assembly, each unit of local
3government or school district shall develop, maintain, and make
4publicly available a single, searchable expenditure and
5revenue web site database that allows the public, at no cost,
6to review information concerning moneys collected and expended
7by the unit of local government or school district. The web
8site database shall include the following data concerning all
9expenditures made by the unit of local government or school
11        (1) the name and principal location or address of the
12    entity receiving moneys, except that information
13    concerning a payment to an employee of the unit of local
14    government or school district shall identify the
15    individual employee by name and business address or
16    location only;
17        (2) the amount of expended moneys;
18        (3) the funding source of the expended moneys;
19        (4) the date of the expenditure;
20        (5) the name of the budget program, activity, or
21    category supporting the expenditure;
22        (6) a description of the purpose for the expenditure;
23    and
24        (7) to the extent possible, a unique identifier for
25    each expenditure.
26    The expenditure data shall be provided in an open



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1structured data format that may be downloaded by the user and
2allows the user to systematically sort, search, and access all
3data. The web site database shall contain only information that
4is a public record or that is not confidential or otherwise
5protected from public disclosure pursuant to State or federal
7    The unit of local government or school district shall
8update the financial data contained on the web site database at
9least monthly, and archive the financial data, which shall
10remain accessible and searchable on the web site database. The
11database must be easily accessible from the main page of the
12unit of local government or school district's web site. The
13unit of local government or school district shall create and
14make easily accessible an automated Rich Site Summary (RSS)
15feed to which users of the web site database may subscribe for
16notification of updates to the database.
17    The unit of local government or school district may meet
18all requirements of this subsection by having the information
19and data required to be included on the unit's web site
20database posted in the Illinois Transparency and
21Accountability Portal.
22    This subsection shall not apply until 6 months after the
23effective date of this amendatory Act of the 99th General
25    (c) The information required to be posted under subsection
26(a) must be easily accessible from the unit of local



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1government's or school district's home page and searchable.
2    (d) The postings required by this Section are in addition
3to any other posting requirements required by law or ordinance.
4    (e) If a unit of local government or school district fails
5to comply with this Section, then any citizen who is a resident
6of the unit of local government or school district may file
7suit in the circuit court for the county where the unit of
8local government or school district is located. The citizen may
9bring a mandamus or injunction action to compel the unit of
10local government or school district to comply with the
11requirements set forth in subsection (a). The court may impose
12any penalty or other sanction as it deems appropriate. The
13court, in its discretion, may also award to the citizen
14bringing the action reasonable attorneys' fees and costs.
15    (f) No home rule unit may adopt posting requirements that
16are less restrictive than this Section. This Section is a
17limitation under subsection (i) of Section 6 of Article VII of
18the Illinois Constitution on the concurrent exercise by home
19rule units of powers and functions exercised by the State.
20    (g) All local records required to be posted by this
21amendatory Act of the 99th General Assembly shall remain posted
22on the entity's website, or subsequent websites, in perpetuity.
23    Section 5. The Freedom of Information Act is amended by
24changing Section 7.5 as follows:



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1    (5 ILCS 140/7.5)
2    Sec. 7.5. Statutory exemptions Exemptions. To the extent
3provided for by the statutes referenced below, the following
4shall be exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other records
14    prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of
26    the Architectural, Engineering, and Land Surveying



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1    Qualifications Based Selection Act.
2        (g) Information the disclosure of which is restricted
3    and exempted under Section 50 of the Illinois Prepaid
4    Tuition Act.
5        (h) Information the disclosure of which is exempted
6    under the State Officials and Employees Ethics Act, and
7    records of any lawfully created State or local inspector
8    general's office that would be exempt if created or
9    obtained by an Executive Inspector General's office under
10    that Act.
11        (i) Information contained in a local emergency energy
12    plan submitted to a municipality in accordance with a local
13    emergency energy plan ordinance that is adopted under
14    Section 11-21.5-5 of the Illinois Municipal Code.
15        (j) Information and data concerning the distribution
16    of surcharge moneys collected and remitted by wireless
17    carriers under the Wireless Emergency Telephone Safety
18    Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.



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1        (m) Information provided to the predatory lending
2    database created pursuant to Article 3 of the Residential
3    Real Property Disclosure Act, except to the extent
4    authorized under that Article.
5        (n) Defense budgets and petitions for certification of
6    compensation and expenses for court appointed trial
7    counsel as provided under Sections 10 and 15 of the Capital
8    Crimes Litigation Act. This subsection (n) shall apply
9    until the conclusion of the trial of the case, even if the
10    prosecution chooses not to pursue the death penalty prior
11    to trial or sentencing.
12        (o) Information that is prohibited from being
13    disclosed under Section 4 of the Illinois Health and
14    Hazardous Substances Registry Act.
15        (p) Security portions of system safety program plans,
16    investigation reports, surveys, schedules, lists, data, or
17    information compiled, collected, or prepared by or for the
18    Regional Transportation Authority under Section 2.11 of
19    the Regional Transportation Authority Act or the St. Clair
20    County Transit District under the Bi-State Transit Safety
21    Act.
22        (q) Information prohibited from being disclosed by the
23    Personnel Records Review Act.
24        (r) Information prohibited from being disclosed by the
25    Illinois School Student Records Act.
26        (s) Information the disclosure of which is restricted



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1    under Section 5-108 of the Public Utilities Act.
2        (t) All identified or deidentified health information
3    in the form of health data or medical records contained in,
4    stored in, submitted to, transferred by, or released from
5    the Illinois Health Information Exchange, and identified
6    or deidentified health information in the form of health
7    data and medical records of the Illinois Health Information
8    Exchange in the possession of the Illinois Health
9    Information Exchange Authority due to its administration
10    of the Illinois Health Information Exchange. The terms
11    "identified" and "deidentified" shall be given the same
12    meaning as in the Health Insurance Accountability and
13    Portability Act of 1996, Public Law 104-191, or any
14    subsequent amendments thereto, and any regulations
15    promulgated thereunder.
16        (u) Records and information provided to an independent
17    team of experts under Brian's Law.
18        (v) Names and information of people who have applied
19    for or received Firearm Owner's Identification Cards under
20    the Firearm Owners Identification Card Act or applied for
21    or received a concealed carry license under the Firearm
22    Concealed Carry Act, unless otherwise authorized by the
23    Firearm Concealed Carry Act; and databases under the
24    Firearm Concealed Carry Act, records of the Concealed Carry
25    Licensing Review Board under the Firearm Concealed Carry
26    Act, and law enforcement agency objections under the



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1    Firearm Concealed Carry Act.
2        (w) Personally identifiable information which is
3    exempted from disclosure under subsection (g) of Section
4    19.1 of the Toll Highway Act.
5        (x) Information which is exempted from disclosure
6    under Section 5-1014.3 of the Counties Code or Section
7    8-11-21 of the Illinois Municipal Code.
8        (y) Confidential information under the Adult
9    Protective Services Act and its predecessor enabling
10    statute, the Elder Abuse and Neglect Act, including
11    information about the identity and administrative finding
12    against any caregiver of a verified and substantiated
13    decision of abuse, neglect, or financial exploitation of an
14    eligible adult maintained in the Registry established
15    under Section 7.5 of the Adult Protective Services Act.
16        (z) Records and information provided to a fatality
17    review team or the Illinois Fatality Review Team Advisory
18    Council under Section 15 of the Adult Protective Services
19    Act.
20        (aa) Information which is exempted from disclosure
21    under Section 2.37 of the Wildlife Code.
22        (bb) Any record or information that a unit of local
23    government or school district maintains an electronic copy
24    of on its Internet website in order to comply with the Open
25    Meetings Act.
26(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,



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1eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
2eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
3eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
4    Section 10. The Department of Central Management Services
5Law of the Civil Administrative Code of Illinois is amended by
6changing Section 405-335 as follows:
7    (20 ILCS 405/405-335)
8    Sec. 405-335. Illinois Transparency and Accountability
9Portal (ITAP).
10    (a) The Department, within 12 months after the effective
11date of this amendatory Act of the 96th General Assembly, shall
12establish and maintain a website, known as the Illinois
13Transparency and Accountability Portal (ITAP), with a
14full-time webmaster tasked with compiling and updating the ITAP
15database with information received from all State agencies as
16defined in this Section. Within 6 months of the effective date
17of this amendatory Act, ITAP shall have the capability to
18compile and update the ITAP database with information received
19from all school districts and units of local government
20including, but not limited to, counties, townships, library
21districts, and municipalities. Subject to appropriation, the
22full-time webmaster must also compile and update the ITAP
23database with information received from all school districts
24and units of local government including, but not limited to,



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1counties, townships, library districts, and municipalities.
2    (b) For purposes of this Section:
3    "State agency" means the offices of the constitutional
4officers identified in Article V of the Illinois Constitution,
5executive agencies, and departments, boards, commissions, and
6Authorities under the Governor.
7    "Contracts" means payment obligations with vendors on file
8with the Office of the Comptroller to purchase goods and
9services exceeding $10,000 in value (or, in the case of
10professional or artistic services, exceeding $5,000 in value).
11    "Appropriation" means line-item detail of spending
12approved by the General Assembly and Governor, categorized by
13object of expenditure.
14    "Individual consultants" means temporary workers eligible
15to receive State benefits paid on a State payroll.
16    "Recipients" means State agencies receiving
18    (c) The ITAP shall provide direct access to each of the
20        (1) A database of all current State employees and
21    individual consultants, except sworn law enforcement
22    officers, sorted separately by:
23            (i) Name.
24            (ii) Employing State agency.
25            (iii) Employing State division.
26            (iv) Employment position title.



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



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1            (iv) Employment position title.
2            (v) Current pay rate and year-to-date pay.
3            (vi) County of employment location.
4            (vii) Rutan status.
5            (viii) Status of position as subject to collective
6        bargaining, subject to merit compensation, or exempt
7        under Section 4d of the Personnel Code.
8            (ix) Employment status as probationary, trainee,
9        intern, certified, or exempt from certification.
10            (x) Status as a military veteran.
11        (7) A searchable database of all current county,
12    township, library district, and municipal employees sorted
13    separately by:
14            (i) Employing unit of local government.
15            (ii) Employment position title.
16            (iii) Current pay rate and year-to-date pay.
17        (8) A searchable database of all county, township, and
18    municipal employees hired on or after the effective date of
19    this amendatory Act of the 97th General Assembly, sorted
20    separately by each of the following at the time of
21    employment:
22            (i) Employing unit of local government.
23            (ii) Employment position title.
24            (iii) Current pay rate and year-to-date pay.
25        (9) A searchable database of all library district
26    employees hired on or after August 9, 2013 (the effective



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



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1responsible for the accuracy of the information provided.
2    (g) The Department, within 6 months after January 1, 2014
3(the effective date of Public Act 98-283), shall distribute a
4spreadsheet or otherwise make data entry available to each
5State agency to facilitate the collection of data on the
6State's annual workforce characteristics, workforce
7compensation, and employee mobility. The Department shall
8determine the data to be collected by each State agency. Each
9State agency shall cooperate with the Department in furnishing
10the data necessary for the implementation of this subsection
11within the timeframe specified by the Department. The
12Department shall publish the data received from each State
13agency on the ITAP or another open data site annually.
14(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
15eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)
16    Section 90. The State Mandates Act is amended by adding
17Section 8.39 as follows:
18    (30 ILCS 805/8.39 new)
19    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
20of this Act, no reimbursement by the State is required for the
21implementation of any mandate created by this amendatory Act of
22the 99th General Assembly.
23    Section 97. Severability. The provisions of this Act are



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1severable under Section 1.31 of the Statute on Statutes.
2    Section 999. Effective date. This Act takes effect upon
3becoming law.".