Illinois General Assembly - Full Text of HB5522
Illinois General Assembly

Previous General Assemblies

Full Text of HB5522  99th General Assembly




HB5522 EngrossedLRB099 20497 AWJ 45020 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 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
17    department.
18        (2) The agenda, board packets, and any other prepared
19    materials of all regular meetings shall be posted at least
20    72 hours before a meeting. The agenda, board packets, and
21    any other prepared materials of all special or emergency
22    meetings shall be posted at least 24 hours before a
23    meeting. The posting shall indicate if the agendas are in



HB5522 Engrossed- 2 -LRB099 20497 AWJ 45020 b

1    draft form. The minutes from any regular or special meeting
2    shall be posted within 72 hours of approval.
3        (3) In accordance with the Freedom of Information Act,
4    the procedure for requesting information from the unit of
5    local government or school district.
6        (4) The annual budget and appropriation ordinances.
7        (5) The ordinances under which the unit of local
8    government or school district operates as of the effective
9    date of this amendatory Act of the 99th General Assembly
10    and all ordinances thereafter adopted.
11        (6) The procedures required to apply for building
12    permits and zoning variances.
13        (7) Any budget, financial audit, audit schedule, or
14    special project report, including without limitation the
15    comprehensive annual financial report, performance audits,
16    and reports required under the Tax Increment Allocation
17    Redevelopment Act in the Illinois Municipal Code. All
18    reports should include the following:
19            (A) All actual revenues and expenditures for at
20        least the 3 previous fiscal years. Any report focusing
21        on any subset of Total should specify that only partial
22        amounts are shown and identify the Total amount and the
23        nature of items not included in the report.
24            (B) Revenues should be broken out by source,
25        including the broad categories of local, State, and
26        federal tax dollars.



HB5522 Engrossed- 3 -LRB099 20497 AWJ 45020 b

1            (C) Expenditures should be separated into current
2        operating, capital, and debt service.
3            (D) Expenditure summaries for units of local
4        government should reflect the per-resident calculation
5        for comparison to other governmental bodies. For
6        schools, a per-pupil calculation should be made based
7        on full-time or equivalent enrollment.
8            (E) Audits should include a management letter.
9        (8) A detailed list of the total compensation paid to
10    each employee including wages, salary, overtime, and
11    benefits, including health, dental, life, and pension.
12        (9) Contracts with lobbying firms hired by the unit of
13    local government or school district. The name and amount of
14    money paid to lobbying associations by the unit of local
15    government or school district.
16        (10) A detailed list of the taxes and fees imposed by
17    the unit of local government or school district.
18        (11) The ordinances and rules governing the award of
19    all bids and contracts for purchase in the amount of
20    $25,000 or more.
21        (12) All bids and contracts for purchase in the amount
22    of $25,000 or more.
23        (13) A debt disclosure report that includes the
24    following:
25            (A) sum total of all debts and liabilities;
26            (B) sum total of gross tax levy for the most recent



HB5522 Engrossed- 4 -LRB099 20497 AWJ 45020 b

1        tax year;
2            (C) gross operating budget revenue for the most
3        recent fiscal year;
4            (D) total pension liability;
5            (E) total unfunded pension liability; and
6            (F) actuarial cost method used to calculate total
7        pension liability and total unfunded pension
8        liability, and other post-employment benefits,
9        including:
10                (i) projected investment rate of return;
11                (ii) actual investment rate of return over the
12            past 10 years;
13                (iii) annual rate of salary increases;
14                (iv) participant mortality rate; and
15                (v) healthcare cost trend rate for Other
16            Post-Employment Benefits (OPEB).
17        (14) Public notices.
18    (b) No later than one year after the effective date of this
19amendatory Act of the 99th General Assembly, each unit of local
20government or school district shall develop, maintain, and make
21publicly available, in any format the unit of local government
22or school district would otherwise utilize for its own
23purposes, information concerning moneys collected and expended
24by the unit of local government or school distract. This
25information shall include the following:
26        (1) the name and principal location or address of the



HB5522 Engrossed- 5 -LRB099 20497 AWJ 45020 b

1    entity receiving moneys, except that information
2    concerning a payment to an employee of the unit of local
3    government or school district shall identify the
4    individual employee by name and business address or
5    location only;
6        (2) the amount of expended moneys;
7        (3) the funding source of the expended moneys;
8        (4) the date of the expenditure;
9        (5) the name of the budget program, activity, or
10    category supporting the expenditure;
11        (6) a description of the purpose for the expenditure;
12    and
13        (7) to the extent possible, a unique identifier for
14    each expenditure.
15    The website shall contain only information that is a public
16record or that is not confidential or otherwise protected from
17public disclosure pursuant to State or federal law.
18    The unit of local government or school district shall
19update the financial data contained on the website at least
20monthly, and archive the financial data, which shall remain
21accessible on the website. The financial data must be easily
22accessible from the main page of the unit of local government
23or school district's website. The unit of local government or
24school district shall create and make easily accessible an
25automated Rich Site Summary (RSS) feed to which users of the
26website may subscribe for notification of updates to the



HB5522 Engrossed- 6 -LRB099 20497 AWJ 45020 b

2    The unit of local government or school district may meet
3all requirements of this subsection by having the information
4and data required to be included on the unit's website database
5posted in the Illinois Transparency and Accountability Portal.
6The unit of local government or school district may also meet
7each requirement of this subsection by supplying labeled links
8on the unit of local government's or school district's website
9to the website of other units of local government or school
10districts that independently post and maintain the information
11and data online.
12    This subsection shall not apply until 6 months after the
13effective date of this amendatory Act of the 99th General
15    (c) The information required to be posted under subsection
16(a) must be easily accessible from the unit of local
17government's or school district's home page and searchable.
18    (d) The postings required by this Section are in addition
19to any other posting requirements required by law or ordinance.
20    (e) If a unit of local government or school district fails
21to comply with this Section, then any citizen who is a resident
22of the unit of local government or school district may file
23suit in the circuit court for the county where the unit of
24local government or school district is located. The citizen may
25bring a mandamus or injunction action to compel the unit of
26local government or school district to comply with the



HB5522 Engrossed- 7 -LRB099 20497 AWJ 45020 b

1requirements set forth in subsection (a). The court may impose
2any penalty or other sanction as it deems appropriate. The
3court, in its discretion, may also award to the citizen
4bringing the action reasonable attorneys' fees and costs.
5    (f) No home rule unit may adopt posting requirements that
6are less restrictive than this Section. This Section is a
7limitation under subsection (i) of Section 6 of Article VII of
8the Illinois Constitution on the concurrent exercise by home
9rule units of powers and functions exercised by the State.
10    (g) All local records required to be posted by this
11amendatory Act of the 99th General Assembly shall remain posted
12on the entity's website, or subsequent websites, for 10 years.
13    (h) This Section shall not apply to the Department of
14Juvenile Justice School District.
15    Section 5. The Freedom of Information Act is amended by
16changing Section 7.5 as follows:
17    (5 ILCS 140/7.5)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be exempt
20from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying



HB5522 Engrossed- 8 -LRB099 20497 AWJ 45020 b

1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other records
6    prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmissible
12    disease or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmissible
14    Disease Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or



HB5522 Engrossed- 9 -LRB099 20497 AWJ 45020 b

1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a local
5    emergency energy plan ordinance that is adopted under
6    Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by wireless
9    carriers under the Wireless Emergency Telephone Safety
10    Act.
11        (k) Law enforcement officer identification information
12    or driver identification information compiled by a law
13    enforcement agency or the Department of Transportation
14    under Section 11-212 of the Illinois Vehicle Code.
15        (l) Records and information provided to a residential
16    health care facility resident sexual assault and death
17    review team or the Executive Council under the Abuse
18    Prevention Review Team Act.
19        (m) Information provided to the predatory lending
20    database created pursuant to Article 3 of the Residential
21    Real Property Disclosure Act, except to the extent
22    authorized under that Article.
23        (n) Defense budgets and petitions for certification of
24    compensation and expenses for court appointed trial
25    counsel as provided under Sections 10 and 15 of the Capital
26    Crimes Litigation Act. This subsection (n) shall apply



HB5522 Engrossed- 10 -LRB099 20497 AWJ 45020 b

1    until the conclusion of the trial of the case, even if the
2    prosecution chooses not to pursue the death penalty prior
3    to trial or sentencing.
4        (o) Information that is prohibited from being
5    disclosed under Section 4 of the Illinois Health and
6    Hazardous Substances Registry Act.
7        (p) Security portions of system safety program plans,
8    investigation reports, surveys, schedules, lists, data, or
9    information compiled, collected, or prepared by or for the
10    Regional Transportation Authority under Section 2.11 of
11    the Regional Transportation Authority Act or the St. Clair
12    County Transit District under the Bi-State Transit Safety
13    Act.
14        (q) Information prohibited from being disclosed by the
15    Personnel Records Review Act.
16        (r) Information prohibited from being disclosed by the
17    Illinois School Student Records Act.
18        (s) Information the disclosure of which is restricted
19    under Section 5-108 of the Public Utilities Act.
20        (t) All identified or deidentified health information
21    in the form of health data or medical records contained in,
22    stored in, submitted to, transferred by, or released from
23    the Illinois Health Information Exchange, and identified
24    or deidentified health information in the form of health
25    data and medical records of the Illinois Health Information
26    Exchange in the possession of the Illinois Health



HB5522 Engrossed- 11 -LRB099 20497 AWJ 45020 b

1    Information Exchange Authority due to its administration
2    of the Illinois Health Information Exchange. The terms
3    "identified" and "deidentified" shall be given the same
4    meaning as in the Health Insurance Portability and
5    Accountability and Portability Act of 1996, Public Law
6    104-191, or any subsequent amendments thereto, and any
7    regulations promulgated thereunder.
8        (u) Records and information provided to an independent
9    team of experts under Brian's Law.
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed Carry
17    Licensing Review Board under the Firearm Concealed Carry
18    Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (w) Personally identifiable information which is
21    exempted from disclosure under subsection (g) of Section
22    19.1 of the Toll Highway Act.
23        (x) Information which is exempted from disclosure
24    under Section 5-1014.3 of the Counties Code or Section
25    8-11-21 of the Illinois Municipal Code.
26        (y) Confidential information under the Adult



HB5522 Engrossed- 12 -LRB099 20497 AWJ 45020 b

1    Protective Services Act and its predecessor enabling
2    statute, the Elder Abuse and Neglect Act, including
3    information about the identity and administrative finding
4    against any caregiver of a verified and substantiated
5    decision of abuse, neglect, or financial exploitation of an
6    eligible adult maintained in the Registry established
7    under Section 7.5 of the Adult Protective Services Act.
8        (z) Records and information provided to a fatality
9    review team or the Illinois Fatality Review Team Advisory
10    Council under Section 15 of the Adult Protective Services
11    Act.
12        (aa) Information which is exempted from disclosure
13    under Section 2.37 of the Wildlife Code.
14        (bb) Information which is or was prohibited from
15    disclosure by the Juvenile Court Act of 1987.
16        (cc) (bb) Recordings made under the Law Enforcement
17    Officer-Worn Body Camera Act, except to the extent
18    authorized under that Act.
19        (dd) Any record or information that a unit of local
20    government or school district maintains an electronic copy
21    of on its Internet website in order to comply with the Open
22    Meetings Act.
23(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
24eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2599-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
26revised 10-14-15.)



HB5522 Engrossed- 13 -LRB099 20497 AWJ 45020 b

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



HB5522 Engrossed- 14 -LRB099 20497 AWJ 45020 b

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



HB5522 Engrossed- 15 -LRB099 20497 AWJ 45020 b

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



HB5522 Engrossed- 16 -LRB099 20497 AWJ 45020 b

1            (vii) Rutan status.
2            (viii) Status of position as subject to collective
3        bargaining, subject to merit compensation, or exempt
4        under Section 4d of the Personnel Code.
5            (ix) Employment status as probationary, trainee,
6        intern, certified, or exempt from certification.
7            (x) Status as a military veteran.
8        (7) A searchable database of all current county,
9    township, library district, and municipal employees sorted
10    separately by:
11            (i) Employing unit of local government.
12            (ii) Employment position title.
13            (iii) Current pay rate and year-to-date pay.
14        (8) A searchable database of all county, township, and
15    municipal employees hired on or after the effective date of
16    this amendatory Act of the 97th General Assembly, sorted
17    separately by each of the following at the time of
18    employment:
19            (i) Employing unit of local government.
20            (ii) Employment position title.
21            (iii) Current pay rate and year-to-date pay.
22        (9) A searchable database of all library district
23    employees hired on or after August 9, 2013 (the effective
24    date of Public Act 98-246), sorted separately by each of
25    the following at the time of employment:
26            (i) Employing unit of local government.



HB5522 Engrossed- 17 -LRB099 20497 AWJ 45020 b

1            (ii) Employment position title.
2            (iii) Current pay rate and year-to-date pay.
3        (10) A link to a website maintained by the Department
4    that contains a list of contact information for each State
5    agency, including a telephone number and a link to the
6    Agency's website. Each State agency shall be responsible
7    for providing and updating the Department with this
8    information.
9        (11) Information provided to ITAP pursuant to Section
10    2.03.5 of the Open Meetings Act.
11    (d) The ITAP shall include all information required to be
12published by subsection (c) of this Section that is available
13to the Department in a format the Department can compile and
14publish on the ITAP. The Department shall update the ITAP as
15additional information becomes available in a format that can
16be compiled and published on the ITAP by the Department.
17    (e) Each State agency, county, township, library district,
18and municipality shall cooperate with the Department in
19furnishing the information necessary for the implementation of
20this Section within a timeframe specified by the Department.
21    (f) Each county, township, library district, or
22municipality submitting information to be displayed on the
23Illinois Transparency and Accountability Portal (ITAP) is
24responsible for the accuracy of the information provided.
25    (g) The Department, within 6 months after January 1, 2014
26(the effective date of Public Act 98-283), shall distribute a



HB5522 Engrossed- 18 -LRB099 20497 AWJ 45020 b

1spreadsheet or otherwise make data entry available to each
2State agency to facilitate the collection of data on the
3State's annual workforce characteristics, workforce
4compensation, and employee mobility. The Department shall
5determine the data to be collected by each State agency. Each
6State agency shall cooperate with the Department in furnishing
7the data necessary for the implementation of this subsection
8within the timeframe specified by the Department. The
9Department shall publish the data received from each State
10agency on the ITAP or another open data site annually.
11(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
12eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)
13    Section 90. The State Mandates Act is amended by adding
14Section 8.40 as follows:
15    (30 ILCS 805/8.40 new)
16    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by this amendatory Act of
19the 99th General Assembly.
20    Section 97. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.