99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3087

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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 Civil Administrative Code of Illinois. Clarifies that the webmaster must compile and update the ITAP database with information from all units of local government and school districts. Amends the State Mandates Act to require implementation without reimbursement. Contains a severability clause. Effective immediately.


LRB099 10724 AWJ 31016 b

HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3087LRB099 10724 AWJ 31016 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 5. 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

 

 

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1and units of local government including, but not limited to,
2counties, townships, library districts, and municipalities.
3    (b) For purposes of this Section:
4    "State agency" means the offices of the constitutional
5officers identified in Article V of the Illinois Constitution,
6executive agencies, and departments, boards, commissions, and
7Authorities under the Governor.
8    "Contracts" means payment obligations with vendors on file
9with the Office of the Comptroller to purchase goods and
10services exceeding $10,000 in value (or, in the case of
11professional or artistic services, exceeding $5,000 in value).
12    "Appropriation" means line-item detail of spending
13approved by the General Assembly and Governor, categorized by
14object of expenditure.
15    "Individual consultants" means temporary workers eligible
16to receive State benefits paid on a State payroll.
17    "Recipients" means State agencies receiving
18appropriations.
19    (c) The ITAP shall provide direct access to each of the
20following:
21        (1) A database of all current State employees and
22    individual consultants, except sworn law enforcement
23    officers, sorted separately by:
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        (2) A database of all current State expenditures,
4    sorted separately by agency, category, recipient, and
5    Representative District.
6        (3) A database of all development assistance
7    reportable pursuant to the Corporate Accountability for
8    Tax Expenditures Act, sorted separately by tax credit
9    category, taxpayer, and Representative District.
10        (4) A database of all revocations and suspensions of
11    State occupation and use tax certificates of registration
12    and all revocations and suspensions of State professional
13    licenses, sorted separately by name, geographic location,
14    and certificate of registration number or license number,
15    as applicable. Professional license revocations and
16    suspensions shall be posted only if resulting from a
17    failure to pay taxes, license fees, or child support.
18        (5) A database of all current State contracts, sorted
19    separately by contractor name, awarding officer or agency,
20    contract value, and goods or services provided.
21        (6) A database of all employees hired after the
22    effective date of this amendatory Act of 2010, sorted
23    searchably by each of the following at the time of
24    employment:
25            (i) Name.
26            (ii) Employing State agency.

 

 

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

 

 

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1    employees hired on or after August 9, 2013 (the effective
2    date of Public Act 98-246), sorted separately by each of
3    the following at the time of employment:
4            (i) Employing unit of local government.
5            (ii) Employment position title.
6            (iii) Current pay rate and year-to-date pay.
7        (10) A link to a website maintained by the Department
8    that contains a list of contact information for each State
9    agency, including a telephone number and a link to the
10    Agency's website. Each State agency shall be responsible
11    for providing and updating the Department with this
12    information.
13        (11) Information provided to ITAP pursuant to Section
14    25 of the Local Records Act.
15    (d) The ITAP shall include all information required to be
16published by subsection (c) of this Section that is available
17to the Department in a format the Department can compile and
18publish on the ITAP. The Department shall update the ITAP as
19additional information becomes available in a format that can
20be compiled and published on the ITAP by the Department.
21    (e) Each State agency, county, township, library district,
22and municipality shall cooperate with the Department in
23furnishing the information necessary for the implementation of
24this Section within a timeframe specified by the Department.
25    (f) Each county, township, library district, or
26municipality submitting information to be displayed on the

 

 

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1Illinois Transparency and Accountability Portal (ITAP) is
2responsible for the accuracy of the information provided.
3    (g) The Department, within 6 months after January 1, 2014
4(the effective date of Public Act 98-283), shall distribute a
5spreadsheet or otherwise make data entry available to each
6State agency to facilitate the collection of data on the
7State's annual workforce characteristics, workforce
8compensation, and employee mobility. The Department shall
9determine the data to be collected by each State agency. Each
10State agency shall cooperate with the Department in furnishing
11the data necessary for the implementation of this subsection
12within the timeframe specified by the Department. The
13Department shall publish the data received from each State
14agency on the ITAP or another open data site annually.
15(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
16eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)
 
17    Section 10. The Local Records Act is amended by adding
18Section 25 as follows:
 
19    (50 ILCS 205/25 new)
20    Sec. 25. Internet posting requirements for units of local
21government and school districts with a budget of $1 million or
22more.
23    (a) A unit of local government or school district with a
24budget of $1 million or more shall maintain an Internet website

 

 

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1and post to its website for the current calendar or fiscal
2year, as the case may be, the following information:
3        (1) The contact information, including the phone
4    number and e-mail address, for all elected and appointed
5    officials, the Freedom of Information Officer, the chief
6    administrator, and the head administrator for each
7    department.
8        (2) The agenda, board packets, and any other prepared
9    materials of all regular meetings shall be posted at least
10    72 hours before a meeting. The agenda, board packets, and
11    any other prepared materials of all special or emergency
12    meetings shall be posted at least 24 hours before a
13    meeting. The posting shall indicate if the agendas are in
14    draft form. The minutes from any regular or special meeting
15    shall be posted within 72 hours of approval.
16        (3) In accordance with the Freedom of Information Act,
17    the procedure for requesting information from the unit of
18    local government or school district.
19        (4) The annual budget and appropriation ordinances.
20        (5) The ordinances under which the unit of local
21    government or school district operates as of the effective
22    date of this amendatory Act of the 99th General Assembly
23    and all ordinances thereafter adopted.
24        (6) The procedures required to apply for building
25    permits and zoning variances.
26        (7) Any budget, financial audit, audit schedule, or

 

 

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1    special project report, including without limitation the
2    comprehensive annual financial report, performance audits,
3    and reports required under the Tax Increment Allocation
4    Redevelopment Act in the Illinois Municipal Code. All
5    reports should include the following:
6            (A) All actual revenues and expenditures for at
7        least the 3 previous fiscal years. Any report focusing
8        on any subset of Total should specify that only partial
9        amounts are shown and identify the Total amount and the
10        nature of items not included in the 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        (8) A detailed list of the total compensation paid to
23    each employee including wages, salary, overtime, and
24    benefits, including health, dental, life, and pension.
25        (9) Contracts with lobbying firms hired by the unit of
26    local government or school district. The name and amount of

 

 

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1    money paid to lobbying associations by the unit of local
2    government or school district.
3        (10) A detailed list of the taxes and fees imposed by
4    the unit of local government or school district.
5        (11) The ordinances and rules governing the award of
6    all bids and contracts for purchase in the amount of
7    $25,000 or more.
8        (12) All bids and contracts for purchase in the amount
9    of $25,000 or more.
10        (13) All campaign contributions made by a vendor to an
11    official of the unit of local government or school
12    district.
13        (14) A debt disclosure report that includes the
14    following:
15            (A) sum total of all debts and liabilities;
16            (B) sum total of gross tax levy for the most recent
17        tax year;
18            (C) gross operating budget revenue for the most
19        recent fiscal year;
20            (D) total pension liability;
21            (E) total unfunded pension liability; and
22            (F) actuarial cost method used to calculate total
23        pension liability and total unfunded pension
24        liability, and other post-employment benefits,
25        including:
26                (i) projected investment rate of return;

 

 

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1                (ii) actual investment rate of return over the
2            past 10 years;
3                (iii) annual rate of salary increases;
4                (iv) participant mortality rate; and
5                (v) healthcare cost trend rate for Other
6            Post-Employment Benefits (OPEB); and
7        (15) Public notices.
8    (b) No later than one year from the effective date of this
9amendatory Act of the 99th General Assembly, each unit of local
10government or school district shall develop, maintain, and make
11publicly available a single, searchable expenditure and
12revenue web site database that allows the public, at no cost,
13to review information concerning moneys collected and expended
14by the unit of local government or school district. The web
15site database shall include the following data concerning all
16expenditures made by the unit of local government or school
17district:
18        (1) the name and principal location or address of the
19    entity receiving moneys, except that information
20    concerning a payment to an employee of the unit of local
21    government or school district shall identify the
22    individual employee by name and business address or
23    location only;
24        (2) the amount of expended moneys;
25        (3) the funding source of the expended moneys;
26        (4) the date of the expenditure;

 

 

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1        (5) the name of the budget program, activity, or
2    category supporting the expenditure;
3        (6) a description of the purpose for the expenditure;
4    and
5        (7) to the extent possible, a unique identifier for
6    each expenditure.
7    The expenditure data shall be provided in an open
8structured data format that may be downloaded by the user and
9allows the user to systematically sort, search, and access all
10data. The web site database shall contain only information that
11is a public record or that is not confidential or otherwise
12protected from public disclosure pursuant to State or federal
13law.
14    The unit of local government or school district shall
15update the financial data contained on the web site database at
16least monthly, and archive the financial data, which shall
17remain accessible and searchable on the web site database. The
18database must be easily accessible from the main page of the
19unit of local government or school district's web site. The
20unit of local government or school district shall create and
21make easily accessible an automated Rich Site Summary (RSS)
22feed to which users of the web site database may subscribe for
23notification of updates to the database.
24    The unit of local government or school district may meet
25all requirements of this subsection by having the information
26and data required to be included on the unit's web site

 

 

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1database posted in the Illinois Transparency and
2Accountability Portal.
3    This subsection shall not apply until 6 months after the
4effective date of this amendatory Act of the 99th General
5Assembly.
6    (c) The information required to be posted under subsection
7(a) must be easily accessible from the unit of local
8government's or school district's home page and searchable.
9    (d) The postings required by this Section are in addition
10to any other posting requirements required by law or ordinance.
11    (e) If a unit of local government or school district fails
12to comply with this Section, then any citizen who is a resident
13of the unit of local government or school district may file
14suit in the circuit court for the county where the unit of
15local government or school district is located. The citizen may
16bring a mandamus or injunction action to compel the unit of
17local government or school district to comply with the
18requirements set forth in subsection (a). The court may impose
19any penalty or other sanction as it deems appropriate. The
20court, in its discretion, may also award to the citizen
21bringing the action reasonable attorneys' fees and costs.
22    (f) No home rule unit may adopt posting requirements that
23are less restrictive than this Section. This Section is a
24limitation under subsection (i) of Section 6 of Article VII of
25the Illinois Constitution on the concurrent exercise by home
26rule units of powers and functions exercised by the State.

 

 

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1    (g) All local records required to be posted by this
2amendatory Act of the 99th General Assembly shall remain posted
3on the entity's website, or subsequent websites, in perpetuity.
 
4    Section 90. The State Mandates Act is amended by adding
5Section 8.39 as follows:
 
6    (30 ILCS 805/8.39 new)
7    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
8of this Act, no reimbursement by the State is required for the
9implementation of any mandate created by this amendatory Act of
10the 99th General Assembly.
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 999. Effective date. This Act takes effect upon
14becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 405/405-335
4    50 ILCS 205/25 new
5    30 ILCS 805/8.39 new