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.


LRB099 06014 AWJ 26068 b

 

 

A BILL FOR

 

HB2717LRB099 06014 AWJ 26068 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions Exemptions. To the extent
8provided for by the statutes referenced below, the following
9shall be exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by wireless
25    carriers under the Wireless Emergency Telephone Safety
26    Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Accountability and
21    Portability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Any record or information that a unit of local
5    government or school district maintains an electronic copy
6    of on its Internet website in order to comply with the
7    Local Records Act.
8(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
9eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
10eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
11eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
 
12    Section 5. The Local Records Act is amended by adding
13Section 25 as follows:
 
14    (50 ILCS 205/25 new)
15    Sec. 25. Internet posting requirements.
16    (a) A unit of local government or school district with a
17budget of $1 million or more shall maintain an Internet website
18and post to its website for the current calendar or fiscal
19year, as the case may be, the following information:
20        (1) The contact information, including the phone
21    number and e-mail address, for all elected and appointed
22    officials, the Freedom of Information Officer, the chief
23    administrator, and the head administrator for each
24    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
10district:
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
6law.
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    (c) The information required to be posted under subsection
18(a) must be easily accessible from the unit of local
19government's or school district's home page and searchable.
20    (d) The postings required by this Section are in addition
21to any other posting requirements required by law or ordinance.
22    (e) If a unit of local government or school district fails
23to comply with this Section, then any citizen who is a resident
24of the unit of local government or school district may file
25suit in the circuit court for the county where the unit of
26local government or school district is located. The citizen may

 

 

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1bring a mandamus or injunction action to compel the unit of
2local government or school district to comply with the
3requirements set forth in subsection (a). The court may impose
4any penalty or other sanction as it deems appropriate. The
5court, in its discretion, may also award to the citizen
6bringing the action reasonable attorneys' fees and costs.
7    (f) No home rule unit may adopt posting requirements that
8are less restrictive than this Section. This Section is a
9limitation under subsection (i) of Section 6 of Article VII of
10the Illinois Constitution on the concurrent exercise by home
11rule units of powers and functions exercised by the State.
12    (g) All local records required to be posted by this
13amendatory Act of the 99th General Assembly shall remain posted
14on the entity's website, or subsequent websites, in perpetuity.
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.39 as follows:
 
17    (30 ILCS 805/8.39 new)
18    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by this amendatory Act of
21the 99th General Assembly.
 
22    Section 97. Severability. The provisions of this Act are
23severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1    Section 999. Effective date. This Act takes effect upon
2becoming law.