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

HB3410ham002 102ND GENERAL ASSEMBLY

Rep. Thomas Morrison

Filed: 4/20/2021

 

 


 

 


 
10200HB3410ham002LRB102 12541 RJF 25552 a

1
AMENDMENT TO HOUSE BILL 3410

2    AMENDMENT NO. ______. Amend House Bill 3410 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the FOIA
5Relief Act.
 
6    Section 5. Internet posting requirements.
7    (a) Beginning January 1, 2022, a unit of local government
8or school district with operating budgets of $1,000,000 or
9more shall maintain an Internet website, and any unit of local
10government or school district that maintains an Internet
11website shall post to its website for the current calendar or
12fiscal year, as the case may be, the following information:
13        (1) The official contact information, including the
14    official phone number and official e-mail address, for all
15    elected officials and officials appointed to the unit of
16    local government or school district, the Freedom of

 

 

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1    Information Officer, the chief administrator, and the head
2    administrator for each department.
3        (2) The agenda, board packets, and any other prepared
4    materials of all regular and special meetings, except for
5    supplemental materials, shall be posted at least 48 hours
6    before a meeting. The agenda, board packets, and any other
7    prepared materials of all emergency meetings, except for
8    supplemental materials, shall be posted when practicable.
9        The postings required by this paragraph (2) shall
10    indicate if the agendas are in draft form. The minutes
11    from any regular or special meeting shall be posted within
12    10 days after approval, along with any supplemental
13    materials not posted prior to a meeting.
14        (3) The annual budget and appropriation ordinances.
15        (4) Any ordinances under which the unit of local
16    government or school district operates as of the effective
17    date of this Act, which shall be updated as ordinances are
18    thereafter adopted. If codified, current ordinances shall
19    be posted in codified form.
20        (5) Any current procedures required to apply for
21    building permits and zoning variances.
22        (6) If not already posted on the website hosted by the
23    Office of the State Comptroller, any budget, compliance or
24    financial audit prepared by an external or independent
25    auditor, audit schedule, or special project report,
26    including, without limitation, the comprehensive annual

 

 

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1    financial report, performance audits, and reports required
2    under the Tax Increment Allocation Redevelopment Act of
3    the Illinois Municipal Code. All reports should include
4    the following:
5            (A) All actual revenues and expenditures for at
6        least the 3 previous fiscal years. Any report focusing
7        on any subset of total should specify that only
8        partial amounts are shown and identify the total
9        amount and the nature of items not included in the
10        report.
11            (B) Revenues should be broken out by source,
12        including the broad categories of local, State, and
13        federal tax dollars.
14            (C) Expenditures should be separated into current
15        operating, capital, and debt service.
16            (D) Expenditure summaries for units of local
17        government should reflect the per-resident calculation
18        for comparison to other governmental bodies. For
19        schools, a per-pupil calculation should be made based
20        on full-time or equivalent enrollment.
21            (E) Audits should include a management letter.
22        (7) Contracts with lobbying firms hired by the unit of
23    local government or school district, as well as a list of
24    the names and amounts of money paid to lobbying
25    associations by the unit of local government or school
26    district.

 

 

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1        (8) A detailed list of the taxes and fees imposed by
2    the unit of local government or school district.
3        (9) The names of the recipients of, the amounts
4    awarded for, and descriptions of all bids and contracts
5    for purchase in the amount of $25,000 or more.
6        (10) Public notices.
7    (b) The postings required by this Section are in addition
8to any other posting requirements required by law or
9ordinance.
10    (c) No home rule unit may adopt posting requirements that
11are less restrictive than this Section. This Section is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
15    (d) Except in the case of records covered under paragraphs
16(1), (4), (5), and (8) subsection (a), local records required
17to be posted to a website by this Act shall remain posted on
18the entity's website, or subsequent websites until receiving
19written approval of the appropriate local records commission
20for the disposal of the public record under Section 7 of the
21Local Records Act, when approval of disposal is required.
22    (e) Records covered under paragraphs (1), (4), (5) and (8)
23of subsection (a) shall be regularly updated to remain current
24on the entity's website.
25    (f) This Section shall not apply to the Department of
26Juvenile Justice School District.

 

 

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1    (g) No provision of this Section shall be interpreted to
2affect public notice requirements otherwise established by
3law.
4    (h) This section shall not be interpreted to require a
5unit of local government to maintain a separate mobile website
6in addition to a standard desktop website.
7    (i) Information exempt from disclosure under Section 7.5
8of the Freedom of Information Act shall be exempt from posting
9requirements under this Act. When posting a public record that
10contains information that is exempt from disclosure, but also
11contains information that is not exempt from disclosure, the
12public body shall redact the information that is exempt.
 
13    Section 10. Request to post public record.
14    (a) When a unit of local government or school district has
15failed to post a local record as required under this Act, a
16person may request that the unit of local government or school
17district be posted on the website. Requests shall be made in
18writing and directed to the unit of local government or school
19district. Written requests may be submitted to a unit of local
20government or school district via personal delivery, mail,
21telefax, or other means available to the unit of local
22government or school district.
23    (b) A unit of local government or school district may not
24require that a request be submitted on a standard form or
25require the requester to specify the purpose for a request.

 

 

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1All requests to post a public record under this Act received by
2a unit of local government or school district shall
3immediately be forwarded to its Freedom of Information officer
4established under Section 3.5 of the Freedom of Information
5Act, or his or her designee.
6    (c) Each public body shall, promptly, either comply with
7or deny a request for posting public records within 20
8business days after its receipt of the request, unless the
9time for response is properly extended under subsection (d) of
10this Section. Denial shall be in writing as provided in
11Section 15 of this Act. Failure to comply with a written
12request, extend the time for response, or deny a request
13within 20 business days after its receipt shall be considered
14a denial of the request.
15    (d) The time for response under this Section may be
16extended by the public body for not more than 20 business days
17from the original due date for any of the following reasons:
18        (1) the requested records are stored in whole or in
19    part at other locations than the office having charge of
20    the requested records;
21        (2) the request requires the collection of a
22    substantial number of specified records;
23        (3) the request is couched in categorical terms and
24    requires an extensive search for the records responsive to
25    it;
26        (4) the requested records have not been located in the

 

 

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1    course of routine search and additional efforts are being
2    made to locate them;
3        (5) the requested records require examination and
4    evaluation by personnel having the necessary competence
5    and discretion to determine if they are exempt from
6    disclosure under subsection (i) of Section 5 of this Act
7    or should be revealed only with appropriate deletions;
8        (6) the request for records cannot be complied with by
9    the public body within the time limits prescribed by
10    subsection (c) without unduly burdening or interfering
11    with the operations of the public body; and
12        (7) there is a need for consultation, which shall be
13    conducted with all practicable speed, with another public
14    body or among 2 or more components of a public body having
15    a substantial interest in the determination or in the
16    subject matter of the request.
17    The person making a request and the public body may agree
18in writing to extend the time for compliance for a period to be
19determined by the parties. If the requester and the public
20body agree to extend the period for compliance, a failure by
21the public body to comply with any previous deadlines shall
22not be treated as a denial of the request for the records.
23    (e) When additional time is required for any of the
24reasons specified under subsection (d), the public body shall,
25within 20 business days after receipt of the request, notify
26the person making the request of the reasons for the extension

 

 

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1and the date by which the response will be forthcoming.
2Failure to respond within the time permitted for extension
3shall be considered a denial of the request.
4    (f) Each public body may adopt rules and regulations in
5conformity with the provisions of this Section pertaining to
6the availability of records and procedures to be followed,
7including: (i) the times and places where such records will be
8made available; and (ii) the persons from whom such records
9may be obtained.
 
10    Section 15. Notice of denial.
11    (a) Each unit of local government or school district
12denying a request to post public records shall notify the
13requester in writing of the decision to deny the request, the
14reasons for the denial, including a detailed factual basis for
15the application of any exemption claimed, and the names and
16titles or positions of each person responsible for the denial.
17Each notice of denial by a unit of local government or school
18district shall also inform such person of the right to review
19by the Public Access Counselor and provide the address and
20phone number for the Public Access Counselor. Each notice of
21denial shall inform such person of his or her right to judicial
22review under Section 25.
23    (b) When a request for public records is denied on the
24grounds that the records are exempt under subsection (i) of
25Section 5, the notice of denial shall specify the exemption

 

 

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1claimed to authorize the denial and the specific reasons for
2the denial, including a detailed factual basis and a citation
3to supporting legal authority. Copies of all notices of denial
4shall be retained by each public body in a single central
5office file that is open to the public and indexed according to
6the type of exemption asserted and, to the extent feasible,
7according to the types of records requested.
8    (c) Any person making a request to post public records
9shall be deemed to have exhausted his or her administrative
10remedies with respect to that request if the public body fails
11to act within the time periods provided in Section 10.
 
12    Section 20. Public Access Counselor; opinions.
13    (a) A person whose request to post a public record
14required under this Act is denied by a unit of local government
15or school district may file a request for review with the
16Public Access Counselor established in the Office of the
17Attorney General not later than 60 days after the date of the
18final denial. The request for review must be in writing,
19signed by the requester, and include (i) a copy of the request
20to post the record and (ii) any responses from the unit of
21local government or school district.
22    (b) Upon receipt of a request for review, the Public
23Access Counselor may determine whether further action is
24warranted. If the Public Access Counselor determines that the
25alleged violation is unfounded or otherwise determines not to

 

 

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1pursue the request, he or she shall so advise the requester and
2the public body and no further action shall be undertaken.
3Otherwise, the Public Access Counselor shall forward a copy of
4the request for review to the unit of local government or
5school district within 7 business days after receipt and shall
6specify the records or other documents that the unit of local
7government or school district shall furnish to facilitate the
8review. Within 7 business days after receipt of the request
9for review, the unit of local government or school district
10shall provide copies of records requested and shall otherwise
11fully cooperate with the Public Access Counselor. If a unit of
12local government or school district fails to furnish specified
13records pursuant to this Section, or if otherwise necessary,
14the Attorney General may issue a subpoena to any person or
15public body having knowledge of or records pertaining to a
16request for review of a denial of access to records under the
17Act. To the extent that records or documents produced by a
18public body contain information that is claimed to be exempt
19from disclosure under this Act, the Public Access Counselor
20shall not further disclose that information.
21    (c) Within 7 business days after it receives a copy of a
22request for review and request for production of records from
23the Public Access Counselor, the unit of local government or
24school district may, but is not required to, answer the
25allegations of the request for review. The answer may take the
26form of a letter, brief, or memorandum. The Public Access

 

 

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1Counselor shall forward a copy of the answer to the person
2submitting the request for review, with any alleged
3confidential information to which the request pertains
4redacted from the copy. The requester may, but is not required
5to, respond in writing to the answer within 7 business days and
6shall provide a copy of the response to the public body.
7    (d) In addition to the request for review, and the answer
8and the response thereto, if any, a requester or a unit of
9local government or school district may furnish affidavits or
10records concerning any matter germane to the review.
11    (e) Unless the Public Access Counselor extends the time by
12no more than 30 business days by sending written notice to the
13requester and the public body that includes a statement of the
14reasons for the extension in the notice, or decides to address
15the matter without the issuance of a binding opinion, the
16Attorney General shall examine the issues and the records,
17shall make findings of fact and conclusions of law, and shall
18issue to the requester and the public body an opinion in
19response to the request for review within 60 days after its
20receipt. The opinion shall be binding upon both the requester
21and the public body, subject to administrative review under
22Section 30.
23    In responding to any request under this Section, the
24Attorney General may exercise his or her discretion and choose
25to resolve a request for review by mediation or by a means
26other than the issuance of a binding opinion. The decision not

 

 

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1to issue a binding opinion shall not be reviewable.
2    Upon receipt of a binding opinion concluding that a
3violation of this Act has occurred, the public body shall
4either take necessary action immediately to comply with the
5directive of the opinion or shall initiate administrative
6review under Section 30. If the opinion concludes that no
7violation of the Act has occurred, the requester may initiate
8administrative review under Section 30.
9    A public body that discloses records in accordance with an
10opinion of the Attorney General is immune from all liabilities
11by reason thereof and shall not be liable for penalties under
12this Act.
13    (f) If the requester files suit under Section 25 with
14respect to the same denial that is the subject of a pending
15request for review, the requester shall notify the Public
16Access Counselor, and the Public Access Counselor shall take
17no further action with respect to the request for review and
18shall so notify the public body.
19    (g) The Attorney General may also issue advisory opinions
20to public bodies regarding compliance with this Act. A review
21may be initiated upon receipt of a written request from the
22head of the public body or its attorney, which shall contain
23sufficient accurate facts from which a determination can be
24made. The Public Access Counselor may request additional
25information from the public body in order to assist in the
26review. A public body that relies in good faith on an advisory

 

 

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1opinion of the Attorney General in responding to a request is
2not liable for penalties under this Act, so long as the facts
3upon which the opinion is based have been fully and fairly
4disclosed to the Public Access Counselor.
 
5    Section 25. Injunctive or declaratory relief.
6    (a) Any person denied a request to post a public record by
7a unit of local government or school district may file suit for
8injunctive or declaratory relief.
9    (b) In accordance with Section 35, a requester may file an
10action to enforce a binding opinion issued under Section 20.
11    (c) Suit may be filed in the circuit court for the county
12where the unit of local government or school district is
13located.
14    (d) The circuit court shall have the jurisdiction to order
15the posting of any public records improperly omitted from the
16official website of the unit of local government or school
17district. If the unit of local government or school district
18can show that exceptional circumstances exist, and that the
19body is exercising due diligence in responding to the request,
20the court may retain jurisdiction and allow the agency
21additional time to complete its review of the records.
22    (e) On motion of the plaintiff, prior to or after in camera
23inspection, the court shall order the public body to provide
24an index of the records to which access has been denied. The
25index shall include the following: (i) a description of the

 

 

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1nature or contents of each document withheld, or each deletion
2from a released document, provided, however, that the public
3body shall not be required to disclose the information which
4it asserts is exempt; and (ii) a statement of the exemption or
5exemptions claimed for each such deletion or withheld
6document.
7    (f) In any action considered by the court, the court shall
8consider the matter de novo, and shall conduct such in camera
9examination of the requested records as it finds appropriate
10to determine if such records or any part thereof may be
11withheld under any provision of this Act. The burden shall be
12on the public body to establish that its refusal to post a
13record is in accordance with the provisions of this Act. Any
14public body that asserts that a record is exempt from
15disclosure has the burden of proving that it is exempt by clear
16and convincing evidence.
17    (g) In the event of noncompliance with an order of the
18court to disclose, the court may enforce its order against any
19public official or employee so ordered or primarily
20responsible for such noncompliance through the court's
21contempt powers.
22    (h) If the court determines that a public body willfully
23and intentionally failed to comply with this Act, or otherwise
24acted in bad faith, the court shall also impose upon the public
25body a civil penalty of not less than $2,500 nor more than
26$5,000 for each occurrence. In assessing the civil penalty,

 

 

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1the court shall consider in aggravation or mitigation the
2budget of the public body and whether the public body has
3previously been assessed penalties for violations of this Act.
4The court may impose an additional penalty of up to $1,000 for
5each day the violation continues if:
6        (1) the public body fails to comply with the court's
7    order after 30 days;
8        (2) the court's order is not on appeal or stayed; and
9        (3) the court does not grant the public body
10    additional time to comply with the court's order to
11    disclose public records.
 
12    Section 30. Administrative Review. A binding opinion
13issued by the Attorney General shall be considered a final
14decision of an administrative agency, for purposes of
15administrative review under the Administrative Review Law
16under Article III of the Code of Civil Procedure. An action for
17administrative review of a binding opinion of the Attorney
18General shall be commenced in Cook or Sangamon County. An
19advisory opinion issued to a public body shall not be
20considered a final decision of the Attorney General for
21purposes of this Section.
 
22    Section 35. Noncompliance with binding opinion.
23    (a) The requester may file an action under Section 25 and
24there shall be a rebuttable presumption that the public body

 

 

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1willfully and intentionally failed to comply with this Act for
2purposes of subsection (h) of Section 25 if:
3        (1) the Attorney General issues a binding opinion
4    pursuant to Section 20;
5        (2) the public body does not file for administrative
6    review of the binding opinion within 35 days after the
7    binding opinion is served on the public body; and
8        (3) the public body does not comply with the binding
9    opinion within 35 days after the binding opinion is served
10    on the public body.
11    For purposes of this subsection (a), service of the
12binding opinion shall be by personal delivery or by depositing
13the opinion in the United States mail as provided in Section
143-103 of the Code of Civil Procedure.
15    (b) The presumption in subsection (a) may be rebutted by
16the public body showing that it is making a good faith effort
17to comply with the binding opinion, but compliance was not
18possible within the 35-day time frame.
 
19    Section 100. The Department of Central Management Services
20Law of the Civil Administrative Code of Illinois is amended by
21changing Section 405-335 as follows:
 
22    (20 ILCS 405/405-335)
23    Sec. 405-335. Illinois Transparency and Accountability
24Portal (ITAP).

 

 

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1    (a) The Department, within 12 months after the effective
2date of this amendatory Act of the 96th General Assembly,
3shall establish and maintain a website, known as the Illinois
4Transparency and Accountability Portal (ITAP), with a
5full-time webmaster tasked with compiling and updating the
6ITAP database with information received from all State
7agencies as defined in this Section. Within 6 months after the
8effective date of this amendatory Act of the 102nd General
9Assembly, ITAP shall have the capability to compile and update
10the ITAP database with information received from all school
11districts and units of local government, including, but not
12limited to, counties, townships, library districts, and
13municipalities. Subject to appropriation, the full-time
14webmaster must also compile and update the ITAP database with
15information received from all school districts and units of
16local government including, but not limited to, counties,
17townships, library districts, and municipalities.
18    (b) For purposes of this Section:
19    "State agency" means the offices of the constitutional
20officers identified in Article V of the Illinois Constitution,
21executive agencies, and departments, boards, commissions, and
22Authorities under the Governor.
23    "Contracts" means payment obligations with vendors on file
24with the Office of the Comptroller to purchase goods and
25services exceeding $10,000 in value (or, in the case of
26professional or artistic services, exceeding $5,000 in value).

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1within the timeframe specified by the Department. The
2Department shall publish the data received from each State
3agency on the ITAP or another open data site annually.
4(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13;
598-283, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff.
61-1-15.)
 
7    Section 105. The State Mandates Act is amended by adding
8Section 8.45 as follows:
 
9    (30 ILCS 805/8.45 new)
10    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
118 of this Act, no reimbursement by the State is required for
12the implementation of any mandate created by this amendatory
13Act of the 102nd General Assembly.
 
14    Section 997. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".