Full Text of HB3410 102nd General Assembly
HB3410ham002 102ND GENERAL ASSEMBLY | Rep. Thomas Morrison Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3410
| 2 | | AMENDMENT NO. ______. Amend House Bill 3410 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the FOIA | 5 | | Relief Act. | 6 | | Section 5. Internet posting requirements. | 7 | | (a) Beginning January 1, 2022, a unit of local government | 8 | | or school district with operating budgets of $1,000,000 or | 9 | | more shall maintain an Internet website, and any unit of local | 10 | | government or school district that maintains an Internet | 11 | | website shall post to its website for the current calendar or | 12 | | fiscal 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 | 8 | | to any other posting requirements required by law or | 9 | | ordinance.
| 10 | | (c) No home rule unit may adopt posting requirements that | 11 | | are less restrictive than this Section. This Section is a | 12 | | limitation under subsection (i) of Section 6 of Article VII of | 13 | | the Illinois Constitution on the concurrent exercise by home | 14 | | rule 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 | 17 | | to be posted to a website by this Act shall remain posted on | 18 | | the entity's website, or subsequent websites until receiving | 19 | | written approval of the appropriate local records commission | 20 | | for the disposal of the public record under Section 7 of the | 21 | | Local Records Act, when approval of disposal is required.
| 22 | | (e) Records covered under paragraphs (1), (4), (5) and (8) | 23 | | of subsection (a) shall be regularly updated to remain current | 24 | | on the entity's website.
| 25 | | (f) This Section shall not apply to the Department of | 26 | | Juvenile Justice School District.
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| 1 | | (g) No provision of this Section shall be interpreted to | 2 | | affect public notice requirements otherwise established by | 3 | | law.
| 4 | | (h) This section shall not be interpreted to require a | 5 | | unit of local government to maintain a separate mobile website | 6 | | in addition to a standard desktop website.
| 7 | | (i) Information exempt from disclosure under Section 7.5 | 8 | | of the Freedom of Information Act shall be exempt from posting | 9 | | requirements under this Act. When posting a public record that | 10 | | contains information that is exempt from disclosure, but also | 11 | | contains information that is not exempt from disclosure, the | 12 | | public 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 | 15 | | failed to post a local record as required under this Act, a | 16 | | person may request that the unit of local government or school | 17 | | district be posted on the website. Requests shall be made in | 18 | | writing and directed to the unit of local government or school | 19 | | district. Written requests may be submitted to a unit of local | 20 | | government or school district via personal delivery, mail, | 21 | | telefax, or other means available to the unit of local | 22 | | government or school district.
| 23 | | (b) A unit of local government or school district may not | 24 | | require that a request be submitted on a standard form or | 25 | | require the requester to specify the purpose for a request. |
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| 1 | | All requests to post a public record under this Act received by | 2 | | a unit of local government or school district shall | 3 | | immediately be forwarded to its Freedom of Information officer | 4 | | established under Section 3.5 of the Freedom of Information | 5 | | Act, or his or her designee.
| 6 | | (c) Each public body shall, promptly, either comply with | 7 | | or deny a request for posting public records within 20 | 8 | | business days after its receipt of the request, unless the | 9 | | time for response is properly extended under subsection (d) of | 10 | | this Section. Denial shall be in writing as provided in | 11 | | Section 15 of this Act. Failure to comply with a written | 12 | | request, extend the time for response, or deny a request | 13 | | within 20 business days after its receipt shall be considered | 14 | | a denial of the request.
| 15 | | (d) The time for response under this Section may be | 16 | | extended by the public body for not more than 20 business days | 17 | | from 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 | 18 | | in writing to extend the time for compliance for a period to be | 19 | | determined by the parties. If the requester and the public | 20 | | body agree to extend the period for compliance, a failure by | 21 | | the public body to comply with any previous deadlines shall | 22 | | not be treated as a denial of the request for the records.
| 23 | | (e) When additional time is required for any of the | 24 | | reasons specified under subsection (d), the public body shall, | 25 | | within 20 business days after receipt of the request, notify | 26 | | the person making the request of the reasons for the extension |
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| 1 | | and the date by which the response will be forthcoming. | 2 | | Failure to respond within the time permitted for extension | 3 | | shall be considered a denial of the request.
| 4 | | (f) Each public body may adopt rules and regulations in | 5 | | conformity with the provisions of this Section pertaining to | 6 | | the availability of records and procedures to be followed, | 7 | | including: (i) the times and places where such records will be | 8 | | made available; and (ii) the persons from whom such records | 9 | | may be obtained.
| 10 | | Section 15. Notice of denial.
| 11 | | (a) Each unit of local government or school district | 12 | | denying a request to post public records shall notify the | 13 | | requester in writing of the decision to deny the request, the | 14 | | reasons for the denial, including a detailed factual basis for | 15 | | the application of any exemption claimed, and the names and | 16 | | titles or positions of each person responsible for the denial. | 17 | | Each notice of denial by a unit of local government or school | 18 | | district shall also inform such person of the right to review | 19 | | by the Public Access Counselor and provide the address and | 20 | | phone number for the Public Access Counselor. Each notice of | 21 | | denial shall inform such person of his or her right to judicial | 22 | | review under Section 25.
| 23 | | (b) When a request for public records is denied on the | 24 | | grounds that the records are exempt under subsection (i) of | 25 | | Section 5, the notice of denial shall specify the exemption |
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| 1 | | claimed to authorize the denial and the specific reasons for | 2 | | the denial, including a detailed factual basis and a citation | 3 | | to supporting legal authority. Copies of all notices of denial | 4 | | shall be retained by each public body in a single central | 5 | | office file that is open to the public and indexed according to | 6 | | the type of exemption asserted and, to the extent feasible, | 7 | | according to the types of records requested.
| 8 | | (c) Any person making a request to post public records | 9 | | shall be deemed to have exhausted his or her administrative | 10 | | remedies with respect to that request if the public body fails | 11 | | to 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 | 14 | | required under this Act is denied by a unit of local government | 15 | | or school district may file a request for review with the | 16 | | Public Access Counselor established in the Office of the | 17 | | Attorney General not later than 60 days after the date of the | 18 | | final denial. The request for review must be in writing, | 19 | | signed by the requester, and include (i) a copy of the request | 20 | | to post the record and (ii) any responses from the unit of | 21 | | local government or school district.
| 22 | | (b) Upon receipt of a request for review, the Public | 23 | | Access Counselor may determine whether further action is | 24 | | warranted. If the Public Access Counselor determines that the | 25 | | alleged violation is unfounded or otherwise determines not to |
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| 1 | | pursue the request, he or she shall so advise the requester and | 2 | | the public body and no further action shall be undertaken. | 3 | | Otherwise, the Public Access Counselor shall forward a copy of | 4 | | the request for review to the unit of local government or | 5 | | school district within 7 business days after receipt and shall | 6 | | specify the records or other documents that the unit of local | 7 | | government or school district shall furnish to facilitate the | 8 | | review. Within 7 business days after receipt of the request | 9 | | for review, the unit of local government or school district | 10 | | shall provide copies of records requested and shall otherwise | 11 | | fully cooperate with the Public Access Counselor. If a unit of | 12 | | local government or school district fails to furnish specified | 13 | | records pursuant to this Section, or if otherwise necessary, | 14 | | the Attorney General may issue a subpoena to any person or | 15 | | public body having knowledge of or records pertaining to a | 16 | | request for review of a denial of access to records under the | 17 | | Act. To the extent that records or documents produced by a | 18 | | public body contain information that is claimed to be exempt | 19 | | from disclosure under this Act, the Public Access Counselor | 20 | | shall not further disclose that information.
| 21 | | (c) Within 7 business days after it receives a copy of a | 22 | | request for review and request for production of records from | 23 | | the Public Access Counselor, the unit of local government or | 24 | | school district may, but is not required to, answer the | 25 | | allegations of the request for review. The answer may take the | 26 | | form of a letter, brief, or memorandum. The Public Access |
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| 1 | | Counselor shall forward a copy of the answer to the person | 2 | | submitting the request for review, with any alleged | 3 | | confidential information to which the request pertains | 4 | | redacted from the copy. The requester may, but is not required | 5 | | to, respond in writing to the answer within 7 business days and | 6 | | shall provide a copy of the response to the public body.
| 7 | | (d) In addition to the request for review, and the answer | 8 | | and the response thereto, if any, a requester or a unit of | 9 | | local government or school district may furnish affidavits or | 10 | | records concerning any matter germane to the review.
| 11 | | (e) Unless the Public Access Counselor extends the time by | 12 | | no more than 30 business days by sending written notice to the | 13 | | requester and the public body that includes a statement of the | 14 | | reasons for the extension in the notice, or decides to address | 15 | | the matter without the issuance of a binding opinion, the | 16 | | Attorney General shall examine the issues and the records, | 17 | | shall make findings of fact and conclusions of law, and shall | 18 | | issue to the requester and the public body an opinion in | 19 | | response to the request for review within 60 days after its | 20 | | receipt. The opinion shall be binding upon both the requester | 21 | | and the public body, subject to administrative review under | 22 | | Section 30.
| 23 | | In responding to any request under this Section, the | 24 | | Attorney General may exercise his or her discretion and choose | 25 | | to resolve a request for review by mediation or by a means | 26 | | other than the issuance of a binding opinion. The decision not |
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| 1 | | to issue a binding opinion shall not be reviewable.
| 2 | | Upon receipt of a binding opinion concluding that a | 3 | | violation of this Act has occurred, the public body shall | 4 | | either take necessary action immediately to comply with the | 5 | | directive of the opinion or shall initiate administrative | 6 | | review under Section 30. If the opinion concludes that no | 7 | | violation of the Act has occurred, the requester may initiate | 8 | | administrative review under Section 30.
| 9 | | A public body that discloses records in accordance with an | 10 | | opinion of the Attorney General is immune from all liabilities | 11 | | by reason thereof and shall not be liable for penalties under | 12 | | this Act.
| 13 | | (f) If the requester files suit under Section 25 with | 14 | | respect to the same denial that is the subject of a pending | 15 | | request for review, the requester shall notify the Public | 16 | | Access Counselor, and the Public Access Counselor shall take | 17 | | no further action with respect to the request for review and | 18 | | shall so notify the public body.
| 19 | | (g) The Attorney General may also issue advisory opinions | 20 | | to public bodies regarding compliance with this Act. A review | 21 | | may be initiated upon receipt of a written request from the | 22 | | head of the public body or its attorney, which shall contain | 23 | | sufficient accurate facts from which a determination can be | 24 | | made. The Public Access Counselor may request additional | 25 | | information from the public body in order to assist in the | 26 | | review. A public body that relies in good faith on an advisory |
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| 1 | | opinion of the Attorney General in responding to a request is | 2 | | not liable for penalties under this Act, so long as the facts | 3 | | upon which the opinion is based have been fully and fairly | 4 | | disclosed 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 | 7 | | a unit of local government or school district may file suit for | 8 | | injunctive or declaratory relief.
| 9 | | (b) In accordance with Section 35, a requester may file an | 10 | | action to enforce a binding opinion issued under Section 20.
| 11 | | (c) Suit may be filed in the circuit court for the county | 12 | | where the unit of local government or school district is | 13 | | located.
| 14 | | (d) The circuit court shall have the jurisdiction to order | 15 | | the posting of any public records improperly omitted from the | 16 | | official website of the unit of local government or school | 17 | | district. If the unit of local government or school district | 18 | | can show that exceptional circumstances exist, and that the | 19 | | body is exercising due diligence in responding to the request, | 20 | | the court may retain jurisdiction and allow the agency | 21 | | additional time to complete its review of the records.
| 22 | | (e) On motion of the plaintiff, prior to or after in camera | 23 | | inspection, the court shall order the public body to provide | 24 | | an index of the records to which access has been denied. The | 25 | | index shall include the following: (i) a description of the |
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| 1 | | nature or contents of each document withheld, or each deletion | 2 | | from a released document, provided, however, that the public | 3 | | body shall not be required to disclose the information which | 4 | | it asserts is exempt; and (ii) a statement of the exemption or | 5 | | exemptions claimed for each such deletion or withheld | 6 | | document.
| 7 | | (f) In any action considered by the court, the court shall | 8 | | consider the matter de novo, and shall conduct such in camera | 9 | | examination of the requested records as it finds appropriate | 10 | | to determine if such records or any part thereof may be | 11 | | withheld under any provision of this Act. The burden shall be | 12 | | on the public body to establish that its refusal to post a | 13 | | record is in accordance with the provisions of this Act. Any | 14 | | public body that asserts that a record is exempt from | 15 | | disclosure has the burden of proving that it is exempt by clear | 16 | | and convincing evidence.
| 17 | | (g) In the event of noncompliance with an order of the | 18 | | court to disclose, the court may enforce its order against any | 19 | | public official or employee so ordered or primarily | 20 | | responsible for such noncompliance through the court's | 21 | | contempt powers.
| 22 | | (h) If the court determines that a public body willfully | 23 | | and intentionally failed to comply with this Act, or otherwise | 24 | | acted in bad faith, the court shall also impose upon the public | 25 | | body 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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| 1 | | the court shall consider in aggravation or mitigation the | 2 | | budget of the public body and whether the public body has | 3 | | previously been assessed penalties for violations of this Act. | 4 | | The court may impose an additional penalty of up to $1,000 for | 5 | | each 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 | 13 | | issued by the Attorney General shall be considered a final | 14 | | decision of an administrative agency, for purposes of | 15 | | administrative review under the Administrative Review Law | 16 | | under Article III of the Code of Civil Procedure. An action for | 17 | | administrative review of a binding opinion of the Attorney | 18 | | General shall be commenced in Cook or Sangamon County. An | 19 | | advisory opinion issued to a public body shall not be | 20 | | considered a final decision of the Attorney General for | 21 | | purposes of this Section. | 22 | | Section 35. Noncompliance with binding opinion.
| 23 | | (a) The requester may file an action under Section 25 and | 24 | | there shall be a rebuttable presumption that the public body |
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| 1 | | willfully and intentionally failed to comply with this Act for | 2 | | purposes 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 | 12 | | binding opinion shall be by personal delivery or by depositing | 13 | | the opinion in the United States mail as provided in Section | 14 | | 3-103 of the Code of Civil Procedure.
| 15 | | (b) The presumption in subsection (a) may be rebutted by | 16 | | the public body showing that it is making a good faith effort | 17 | | to comply with the binding opinion, but compliance was not | 18 | | possible within the 35-day time frame.
| 19 | | Section 100. The Department of Central Management Services | 20 | | Law of the
Civil Administrative Code of Illinois is amended by | 21 | | changing Section 405-335 as follows: | 22 | | (20 ILCS 405/405-335) | 23 | | Sec. 405-335. Illinois Transparency and Accountability | 24 | | Portal (ITAP).
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| 1 | | (a) The Department, within 12 months after the effective | 2 | | date of this amendatory Act of the 96th General Assembly, | 3 | | shall establish and maintain a website, known as the Illinois | 4 | | Transparency and Accountability Portal (ITAP), with a | 5 | | full-time webmaster tasked with compiling and updating the | 6 | | ITAP database with information received from all State | 7 | | agencies as defined in this Section. Within 6 months after the | 8 | | effective date of this amendatory Act of the 102nd General | 9 | | Assembly, ITAP shall have the capability to compile and update | 10 | | the ITAP database with information received from all school | 11 | | districts and units of local government, including, but not | 12 | | limited to, counties, townships, library districts, and | 13 | | municipalities. Subject to appropriation, the full-time | 14 | | webmaster must also compile and update the ITAP database with | 15 | | information received from all school districts and units of | 16 | | local government including, but not limited to, counties, | 17 | | townships, library districts, and municipalities. | 18 | | (b) For purposes of this Section: | 19 | | "State agency" means the offices of the constitutional | 20 | | officers identified in Article V of the Illinois Constitution, | 21 | | executive agencies, and departments, boards, commissions, and | 22 | | Authorities under the Governor. | 23 | | "Contracts" means payment obligations with vendors on file | 24 | | with the Office of the Comptroller to purchase goods and | 25 | | services exceeding $10,000 in value (or, in the case of | 26 | | professional or artistic services, exceeding $5,000 in value). |
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| 1 | | "Appropriation" means line-item detail of spending | 2 | | approved by the General Assembly and Governor, categorized by | 3 | | object of expenditure. | 4 | | "Individual consultants" means temporary workers eligible | 5 | | to receive State benefits paid on a State payroll. | 6 | | "Recipients" means State agencies receiving | 7 | | appropriations. | 8 | | (c) The ITAP shall provide direct access to each of the | 9 | | following: | 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 | 5 | | published by subsection (c) of this Section that is available | 6 | | to the Department in a format the Department can compile and | 7 | | publish on the ITAP. The Department shall update the ITAP as | 8 | | additional information becomes available in a format that can | 9 | | be compiled and published on the ITAP by the Department. | 10 | | (e) Each State agency, county, township, library district, | 11 | | and municipality shall cooperate with the Department in | 12 | | furnishing the information necessary for the implementation of | 13 | | this Section within a timeframe specified by the Department. | 14 | | (f) Each county, township, library district, or | 15 | | municipality submitting information to be displayed on the | 16 | | Illinois Transparency and Accountability Portal (ITAP) is | 17 | | responsible 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 | 20 | | spreadsheet or otherwise make data entry available to each | 21 | | State agency to facilitate the collection of data on the | 22 | | State's annual workforce characteristics, workforce | 23 | | compensation, and employee mobility. The Department shall | 24 | | determine the data to be collected by each State agency. Each | 25 | | State agency shall cooperate with the Department in furnishing | 26 | | the data necessary for the implementation of this subsection |
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| 1 | | within the timeframe specified by the Department. The | 2 | | Department shall publish the data received from each State | 3 | | agency 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; | 5 | | 98-283, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. | 6 | | 1-1-15 .) | 7 | | Section 105. The State Mandates Act is amended by adding | 8 | | Section 8.45 as follows: | 9 | | (30 ILCS 805/8.45 new) | 10 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 11 | | 8 of this Act, no reimbursement by the State is required for | 12 | | the implementation of any mandate created by this amendatory | 13 | | Act of the 102nd General Assembly. | 14 | | Section 997. Severability. The provisions of this Act are | 15 | | severable under Section 1.31 of the Statute on Statutes.
| 16 | | Section 999. Effective date. This Act takes effect upon | 17 | | becoming law.".
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