Illinois General Assembly - Full Text of HB5522
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Full Text of HB5522  99th General Assembly


Rep. Jeanne M Ives

Filed: 4/13/2016





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2    AMENDMENT NO. ______. Amend House Bill 5522 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 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
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



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



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



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1    $25,000 or more.
2        (12) All bids and contracts for purchase in the amount
3    of $25,000 or more.
4        (13) A debt disclosure report that includes the
5    following:
6            (A) sum total of all debts and liabilities;
7            (B) sum total of gross tax levy for the most recent
8        tax year;
9            (C) gross operating budget revenue for the most
10        recent fiscal year;
11            (D) total pension liability;
12            (E) total unfunded pension liability; and
13            (F) actuarial cost method used to calculate total
14        pension liability and total unfunded pension
15        liability, and other post-employment benefits,
16        including:
17                (i) projected investment rate of return;
18                (ii) actual investment rate of return over the
19            past 10 years;
20                (iii) annual rate of salary increases;
21                (iv) participant mortality rate; and
22                (v) healthcare cost trend rate for Other
23            Post-Employment Benefits (OPEB).
24        (14) Public notices.
25    (b) No later than one year after the effective date of this
26amendatory Act of the 99th General Assembly, each unit of local



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1government or school district shall develop, maintain, and make
2publicly available, in any format the unit of local government
3or school district would otherwise utilize for its own
4purposes, information concerning moneys collected and expended
5by the unit of local government or school distract. This
6information shall include the following:
7        (1) the name and principal location or address of the
8    entity receiving moneys, except that information
9    concerning a payment to an employee of the unit of local
10    government or school district shall identify the
11    individual employee by name and business address or
12    location only;
13        (2) the amount of expended moneys;
14        (3) the funding source of the expended moneys;
15        (4) the date of the expenditure;
16        (5) the name of the budget program, activity, or
17    category supporting the expenditure;
18        (6) a description of the purpose for the expenditure;
19    and
20        (7) to the extent possible, a unique identifier for
21    each expenditure.
22    The website shall contain only information that is a public
23record or that is not confidential or otherwise protected from
24public disclosure pursuant to State or federal law.
25    The unit of local government or school district shall
26update the financial data contained on the website at least



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1monthly, and archive the financial data, which shall remain
2accessible on the website. The financial data must be easily
3accessible from the main page of the unit of local government
4or school district's website. The unit of local government or
5school district shall create and make easily accessible an
6automated Rich Site Summary (RSS) feed to which users of the
7website may subscribe for notification of updates to the
9    The unit of local government or school district may meet
10all requirements of this subsection by having the information
11and data required to be included on the unit's website database
12posted in the Illinois Transparency and Accountability Portal.
13The unit of local government or school district may also meet
14each requirement of this subsection by supplying labeled links
15on the unit of local government's or school district's website
16to the website of other units of local government or school
17districts that independently post and maintain the information
18and data online.
19    This subsection shall not apply until 6 months after the
20effective date of this amendatory Act of the 99th General
22    (c) The information required to be posted under subsection
23(a) must be easily accessible from the unit of local
24government's or school district's home page and searchable.
25    (d) The postings required by this Section are in addition
26to any other posting requirements required by law or ordinance.



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1    (e) If a unit of local government or school district fails
2to comply with this Section, then any citizen who is a resident
3of the unit of local government or school district may file
4suit in the circuit court for the county where the unit of
5local government or school district is located. The citizen may
6bring a mandamus or injunction action to compel the unit of
7local government or school district to comply with the
8requirements set forth in subsection (a). The court may impose
9any penalty or other sanction as it deems appropriate. The
10court, in its discretion, may also award to the citizen
11bringing the action reasonable attorneys' fees and costs.
12    (f) No home rule unit may adopt posting requirements that
13are less restrictive than this Section. This Section is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17    (g) All local records required to be posted by this
18amendatory Act of the 99th General Assembly shall remain posted
19on the entity's website, or subsequent websites, for 10 years.
20    (h) This Section shall not apply to the Department of
21Juvenile Justice School District.
22    Section 5. The Freedom of Information Act is amended by
23changing Section 7.5 as follows:
24    (5 ILCS 140/7.5)



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



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



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1    database created pursuant to Article 3 of the Residential
2    Real Property Disclosure Act, except to the extent
3    authorized under that Article.
4        (n) Defense budgets and petitions for certification of
5    compensation and expenses for court appointed trial
6    counsel as provided under Sections 10 and 15 of the Capital
7    Crimes Litigation Act. This subsection (n) shall apply
8    until the conclusion of the trial of the case, even if the
9    prosecution chooses not to pursue the death penalty prior
10    to trial or sentencing.
11        (o) Information that is prohibited from being
12    disclosed under Section 4 of the Illinois Health and
13    Hazardous Substances Registry Act.
14        (p) Security portions of system safety program plans,
15    investigation reports, surveys, schedules, lists, data, or
16    information compiled, collected, or prepared by or for the
17    Regional Transportation Authority under Section 2.11 of
18    the Regional Transportation Authority Act or the St. Clair
19    County Transit District under the Bi-State Transit Safety
20    Act.
21        (q) Information prohibited from being disclosed by the
22    Personnel Records Review Act.
23        (r) Information prohibited from being disclosed by the
24    Illinois School Student Records Act.
25        (s) Information the disclosure of which is restricted
26    under Section 5-108 of the Public Utilities Act.



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



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1        (w) Personally identifiable information which is
2    exempted from disclosure under subsection (g) of Section
3    19.1 of the Toll Highway Act.
4        (x) Information which is exempted from disclosure
5    under Section 5-1014.3 of the Counties Code or Section
6    8-11-21 of the Illinois Municipal Code.
7        (y) Confidential information under the Adult
8    Protective Services Act and its predecessor enabling
9    statute, the Elder Abuse and Neglect Act, including
10    information about the identity and administrative finding
11    against any caregiver of a verified and substantiated
12    decision of abuse, neglect, or financial exploitation of an
13    eligible adult maintained in the Registry established
14    under Section 7.5 of the Adult Protective Services Act.
15        (z) Records and information provided to a fatality
16    review team or the Illinois Fatality Review Team Advisory
17    Council under Section 15 of the Adult Protective Services
18    Act.
19        (aa) Information which is exempted from disclosure
20    under Section 2.37 of the Wildlife Code.
21        (bb) Information which is or was prohibited from
22    disclosure by the Juvenile Court Act of 1987.
23        (cc) (bb) Recordings made under the Law Enforcement
24    Officer-Worn Body Camera Act, except to the extent
25    authorized under that Act.
26        (dd) Any record or information that a unit of local



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1    government or school district maintains an electronic copy
2    of on its Internet website in order to comply with the Open
3    Meetings Act.
4(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
5eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
699-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
7revised 10-14-15.)
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, 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
22    (c) The ITAP shall provide direct access to each of the
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 ITAP pursuant to Section
17    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 8.40 as follows:
22    (30 ILCS 805/8.40 new)
23    Sec. 8.40. 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 99th 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.".