Full Text of HB3312 98th General Assembly
HB3312ham002 98TH GENERAL ASSEMBLY | Rep. Jeanne M Ives Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3312
| 2 | | AMENDMENT NO. ______. Amend House Bill 3312, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Section 7.5 as follows: | 7 | | (5 ILCS 140/7.5) | 8 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 9 | | by the statutes referenced below, the following shall be exempt | 10 | | from inspection and copying: | 11 | | (a) All information determined to be confidential under | 12 | | Section 4002 of the Technology Advancement and Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library Records | 15 | | Confidentiality Act. | 16 | | (c) Applications, related documents, and medical records |
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| 1 | | received by the Experimental Organ Transplantation Procedures | 2 | | Board and any and all documents or other records prepared by | 3 | | the Experimental Organ Transplantation Procedures Board or its | 4 | | staff relating to applications it has received. | 5 | | (d) Information and records held by the Department of | 6 | | Public Health and its authorized representatives relating to | 7 | | known or suspected cases of sexually transmissible disease or | 8 | | any information the disclosure of which is restricted under the | 9 | | Illinois Sexually Transmissible Disease Control Act. | 10 | | (e) Information the disclosure of which is exempted under | 11 | | Section 30 of the Radon Industry Licensing Act. | 12 | | (f) Firm performance evaluations under Section 55 of the | 13 | | Architectural, Engineering, and Land Surveying Qualifications | 14 | | Based Selection Act. | 15 | | (g) Information the disclosure of which is restricted and | 16 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 17 | | (h) Information the disclosure of which is exempted under | 18 | | the State Officials and Employees Ethics Act, and records of | 19 | | any lawfully created State or local inspector general's office | 20 | | that would be exempt if created or obtained by an Executive | 21 | | Inspector General's office under that Act. | 22 | | (i) Information contained in a local emergency energy plan | 23 | | submitted to a municipality in accordance with a local | 24 | | emergency energy plan ordinance that is adopted under Section | 25 | | 11-21.5-5 of the Illinois Municipal Code. | 26 | | (j) Information and data concerning the distribution of |
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| 1 | | surcharge moneys collected and remitted by wireless carriers | 2 | | under the Wireless Emergency Telephone Safety Act. | 3 | | (k) Law enforcement officer identification information or | 4 | | driver identification information compiled by a law | 5 | | enforcement agency or the Department of Transportation under | 6 | | Section 11-212 of the Illinois Vehicle Code. | 7 | | (l) Records and information provided to a residential | 8 | | health care facility resident sexual assault and death review | 9 | | team or the Executive Council under the Abuse Prevention Review | 10 | | Team Act. | 11 | | (m) Information provided to the predatory lending database | 12 | | created pursuant to Article 3 of the Residential Real Property | 13 | | Disclosure Act, except to the extent authorized under that | 14 | | Article. | 15 | | (n) Defense budgets and petitions for certification of | 16 | | compensation and expenses for court appointed trial counsel as | 17 | | provided under Sections 10 and 15 of the Capital Crimes | 18 | | Litigation Act. This subsection (n) shall apply until the | 19 | | conclusion of the trial of the case, even if the prosecution | 20 | | chooses not to pursue the death penalty prior to trial or | 21 | | sentencing. | 22 | | (o) Information that is prohibited from being disclosed | 23 | | under Section 4 of the Illinois Health and Hazardous Substances | 24 | | Registry Act. | 25 | | (p) Security portions of system safety program plans, | 26 | | investigation reports, surveys, schedules, lists, data, or |
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| 1 | | information compiled, collected, or prepared by or for the | 2 | | Regional Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act or the St. Clair County | 4 | | Transit District under the Bi-State Transit Safety Act. | 5 | | (q) Information prohibited from being disclosed by the | 6 | | Personnel Records Review Act. | 7 | | (r) Information prohibited from being disclosed by the | 8 | | Illinois School Student Records Act. | 9 | | (s) Information the disclosure of which is restricted under | 10 | | Section 5-108 of the Public Utilities Act.
| 11 | | (t) All identified or deidentified health information in | 12 | | the form of health data or medical records contained in, stored | 13 | | in, submitted to, transferred by, or released from the Illinois | 14 | | Health Information Exchange, and identified or deidentified | 15 | | health information in the form of health data and medical | 16 | | records of the Illinois Health Information Exchange in the | 17 | | possession of the Illinois Health Information Exchange | 18 | | Authority due to its administration of the Illinois Health | 19 | | Information Exchange. The terms "identified" and | 20 | | "deidentified" shall be given the same meaning as in the Health | 21 | | Insurance Accountability and Portability Act of 1996, Public | 22 | | Law 104-191, or any subsequent amendments thereto, and any | 23 | | regulations promulgated thereunder. | 24 | | (u) Records and information provided to an independent team | 25 | | of experts under Brian's Law. | 26 | | (v) Names and information of people who have applied for or |
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| 1 | | received Firearm Owner's Identification Cards under the | 2 | | Firearm Owners Identification Card Act. | 3 | | (w) Personally identifiable information which is exempted | 4 | | from disclosure under subsection (g) of Section 19.1 of the | 5 | | Toll Highway Act. | 6 | | (x) Information which is exempted from disclosure under | 7 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 8 | | Illinois Municipal Code. | 9 | | (y) Any record or information that a unit of local | 10 | | government or school district maintains an electronic copy of | 11 | | on its Internet website pursuant to the Local Records Act. | 12 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 13 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 14 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 15 | | eff. 1-1-13.)". | 16 | | Section 10. The Local Records Act is amended by adding | 17 | | Section 20 as follows: | 18 | | (50 ILCS 205/20 new) | 19 | | Sec. 20. Internet posting. | 20 | | (a) A unit of local government or school district may | 21 | | maintain an Internet website and post to its website for the | 22 | | current calendar or fiscal year, as the case may be, the | 23 | | following information: | 24 | | (1) The contact information, including the phone |
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| 1 | | number and e-mail address, for all elected and appointed | 2 | | officials, the Freedom of Information Officer, the chief | 3 | | administrator, and the head administrator for each | 4 | | department. | 5 | | (2) The agenda, board packets, and any other prepared | 6 | | materials of all regular meetings. | 7 | | (3) In accordance with the Freedom of Information Act, | 8 | | the procedure for requesting information from the unit of | 9 | | local government or school district. | 10 | | (4) The annual budget and appropriation ordinances. | 11 | | (5) The ordinances under which the unit of local | 12 | | government or school district operates and all ordinances | 13 | | thereafter adopted. | 14 | | (6) The procedures required to apply for building | 15 | | permits and zoning variances. | 16 | | (7) Any budget, financial audit, audit schedule, or | 17 | | special project report, including without limitation the | 18 | | comprehensive annual financial report, performance audits, | 19 | | and reports required under the Tax Increment Allocation | 20 | | Redevelopment Act in the Illinois Municipal Code. All | 21 | | reports may include the following: | 22 | | (A) All actual revenues and expenditures for at | 23 | | least the 3 previous fiscal years. Any report focusing | 24 | | on any subset of Total may specify that only partial | 25 | | amounts are shown and identify the Total amount and the | 26 | | nature of items not included in the report. |
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| 1 | | (B) Revenues may be broken out by source, including | 2 | | the broad categories of local, State, and federal tax | 3 | | dollars. | 4 | | (C) Expenditures may be separated into current | 5 | | operating, capital, and debt service. | 6 | | (D) Expenditure summaries for units of local | 7 | | government may reflect the per-resident calculation | 8 | | for comparison to other governmental bodies. For | 9 | | schools, a per-pupil calculation may be made based on | 10 | | full-time or equivalent enrollment. | 11 | | (E) Audits may include a management letter. | 12 | | (8) A detailed list of the total compensation paid to | 13 | | each employee including wages, salary, overtime, and | 14 | | benefits, including health, dental, life, and pension. | 15 | | (9) Contracts with lobbying firms hired by the unit of | 16 | | local government or school district. The name and amount of | 17 | | money paid to lobbying associations by the unit of local | 18 | | government or school district. | 19 | | (10) A detailed list of the taxes and fees imposed by | 20 | | the unit of local government or school district. | 21 | | (11) The ordinances and rules governing the award of | 22 | | all bids and contracts for purchase in the amount of | 23 | | $25,000 or more. | 24 | | (12) All bids and contracts for purchase in the amount | 25 | | of $25,000 or more. | 26 | | (13) All campaign contributions made by a vendor to an |
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| 1 | | official of the unit of local government or school | 2 | | district. | 3 | | (14) A debt disclosure report that may include the | 4 | | following: | 5 | | (A) sum total of all debts and liabilities; | 6 | | (B) sum total of gross tax levy for the most recent | 7 | | tax year; | 8 | | (C) gross operating budget revenue for the most | 9 | | recent fiscal year; | 10 | | (D) total pension liability; | 11 | | (E) total unfunded pension liability; and | 12 | | (F) actuarial cost method used to calculate total | 13 | | pension liability and total unfunded pension | 14 | | liability, and other post-employment benefits, | 15 | | including: | 16 | | (i) projected investment rate of return; | 17 | | (ii) actual investment rate of return over the | 18 | | past 10 years; | 19 | | (iii) annual rate of salary increases; | 20 | | (iv) participant mortality rate; and | 21 | | (v) healthcare cost trend rate for Other | 22 | | Post-Employment Benefits (OPEB); and | 23 | | (15) Public notices. | 24 | | (b) Each unit of local government or school district may | 25 | | develop, maintain, and make publicly available a single | 26 | | expenditure and revenue web site database that allows the |
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| 1 | | public, at no cost, to review information concerning moneys | 2 | | collected and expended by the unit of local government or | 3 | | school district. The web site database may include the | 4 | | following data concerning all expenditures made by the unit of | 5 | | local government or school district: | 6 | | (1) the name and principal location or address of the | 7 | | entity receiving moneys, except that information | 8 | | concerning a payment to an employee of the unit of local | 9 | | government or school district may identify the individual | 10 | | employee by name and business address or location only; | 11 | | (2) the amount of expended moneys; | 12 | | (3) the funding source of the expended moneys; | 13 | | (4) the date of the expenditure; | 14 | | (5) the name of the budget program, activity, or | 15 | | category supporting the expenditure; | 16 | | (6) a description of the purpose for the expenditure; | 17 | | and | 18 | | (7) to the extent possible, a unique identifier for | 19 | | each expenditure. | 20 | | The expenditure data may be provided in an open structured | 21 | | data format that may be downloaded by the user with access to | 22 | | all data. The web site database may contain only information | 23 | | that is a public record or that is not confidential or | 24 | | otherwise protected from public disclosure pursuant to State or | 25 | | federal law. | 26 | | The unit of local government or school district may update |
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| 1 | | the financial data contained on the web site database at least | 2 | | monthly, and archive the financial data, which may remain | 3 | | accessible on the web site database. The database may be easily | 4 | | accessible from the main page of the unit of local government | 5 | | or school district's web site. The unit of local government or | 6 | | school district may create and make easily accessible an | 7 | | automated Rich Site Summary (RSS) feed to which users of the | 8 | | web site database may subscribe for notification of updates to | 9 | | the database. | 10 | | (c) The information posted pursuant to subsection (a) may | 11 | | be easily accessible from the unit of local government's or | 12 | | school district's home page. | 13 | | (d) The postings permitted by this Section are in addition | 14 | | to any other posting requirements required by law or ordinance. | 15 | | (e) All local records posted pursuant to this amendatory | 16 | | Act of the 98th General Assembly may remain posted on the | 17 | | entity's website, or subsequent websites, in perpetuity.
| 18 | | Section 97. Severability. The provisions of this Act are | 19 | | severable under Section 1.31 of the Statute on Statutes. | 20 | | Section 999. Effective date. This Act takes effect upon | 21 | | becoming law.".
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