Bill Text: IL HB2283 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Open Meetings Act. Requires a unit of local government or school district with an operating budget of $1 million or more to maintain an Internet website and post to that website, for the current calendar or fiscal year, the following information: (1) information about elected and appointed officials; (2) notice of and materials prepared for meetings; (3) procedures for requesting information from the unit of local government or school district; (4) annual budget; (5) ordinances; (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) a debt disclosure report; and (14) public notices. 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. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Amends the Freedom of Information Act. Provides for a statutory exemption for any electronic copy of a record or information maintained on specified websites. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2283 Detail]

Download: Illinois-2019-HB2283-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2283

Introduced , by Rep. Thomas Morrison

SYNOPSIS AS INTRODUCED:
5 ILCS 120/2.03.5 new
5 ILCS 140/7.5
20 ILCS 405/405-335
30 ILCS 805/8.43 new

Amends the Open Meetings Act. Requires a unit of local government or school district with an operating budget of $1 million or more to maintain an Internet website and post to that website, for the current calendar or fiscal year, the following information: (1) information about elected and appointed officials; (2) notice of and materials prepared for meetings; (3) procedures for requesting information from the unit of local government or school district; (4) annual budget; (5) ordinances; (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) a debt disclosure report; and (14) public notices. 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. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Amends the Freedom of Information Act. Provides for a statutory exemption for any electronic copy of a record or information maintained on specified websites. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois to make conforming changes. Effective immediately.
LRB101 09166 RJF 54260 b

A BILL FOR

HB2283LRB101 09166 RJF 54260 b
1 AN ACT concerning 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
12information:
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

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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 101st 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.

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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

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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 101st General Assembly, each unit of
20local government or school district shall develop, maintain,
21and make publicly available, in any format the unit of local
22government or school district would otherwise utilize for its
23own purposes, information concerning moneys collected and
24expended by the unit of local government or school district.
25This information shall include the following:
26 (1) the name and principal location or address of the

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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

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1information.
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 (b) shall not apply until 6 months after
13the effective date of this amendatory Act of the 101st General
14Assembly.
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

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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 101st General Assembly shall remain
12posted on the entity's website, or subsequent websites, for 10
13years.
14 (h) This Section shall not apply to the Department of
15Juvenile Justice School District.
16 Section 5. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
18 (5 ILCS 140/7.5)
19 Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be exempt
21from inspection and copying:
22 (a) All information determined to be confidential
23 under Section 4002 of the Technology Advancement and
24 Development Act.

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

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1 general's office that would be exempt if created or
2 obtained by an Executive Inspector General's office under
3 that Act.
4 (i) Information contained in a local emergency energy
5 plan submitted to a municipality in accordance with a local
6 emergency energy plan ordinance that is adopted under
7 Section 11-21.5-5 of the Illinois Municipal Code.
8 (j) Information and data concerning the distribution
9 of surcharge moneys collected and remitted by carriers
10 under the Emergency Telephone System 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

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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 Record 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

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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 Act of 1996, Public Law 104-191, or any
6 subsequent amendments thereto, and any regulations
7 promulgated thereunder.
8 (u) Records and information provided to an independent
9 team of experts under the Developmental Disability and
10 Mental Health Safety Act (also known as Brian's Law).
11 (v) Names and information of people who have applied
12 for or received Firearm Owner's Identification Cards under
13 the Firearm Owners Identification Card Act or applied for
14 or received a concealed carry license under the Firearm
15 Concealed Carry Act, unless otherwise authorized by the
16 Firearm Concealed Carry Act; and databases under the
17 Firearm Concealed Carry Act, records of the Concealed Carry
18 Licensing Review Board under the Firearm Concealed Carry
19 Act, and law enforcement agency objections under the
20 Firearm Concealed Carry Act.
21 (w) Personally identifiable information which is
22 exempted from disclosure under subsection (g) of Section
23 19.1 of the Toll Highway Act.
24 (x) Information which is exempted from disclosure
25 under Section 5-1014.3 of the Counties Code or Section
26 8-11-21 of the Illinois Municipal Code.

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1 (y) Confidential information under the Adult
2 Protective Services Act and its predecessor enabling
3 statute, the Elder Abuse and Neglect Act, including
4 information about the identity and administrative finding
5 against any caregiver of a verified and substantiated
6 decision of abuse, neglect, or financial exploitation of an
7 eligible adult maintained in the Registry established
8 under Section 7.5 of the Adult Protective Services Act.
9 (z) Records and information provided to a fatality
10 review team or the Illinois Fatality Review Team Advisory
11 Council under Section 15 of the Adult Protective Services
12 Act.
13 (aa) Information which is exempted from disclosure
14 under Section 2.37 of the Wildlife Code.
15 (bb) Information which is or was prohibited from
16 disclosure by the Juvenile Court Act of 1987.
17 (cc) Recordings made under the Law Enforcement
18 Officer-Worn Body Camera Act, except to the extent
19 authorized under that Act.
20 (dd) Information that is prohibited from being
21 disclosed under Section 45 of the Condominium and Common
22 Interest Community Ombudsperson Act.
23 (ee) Information that is exempted from disclosure
24 under Section 30.1 of the Pharmacy Practice Act.
25 (ff) Information that is exempted from disclosure
26 under the Revised Uniform Unclaimed Property Act.

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1 (gg) Information that is prohibited from being
2 disclosed under Section 7-603.5 of the Illinois Vehicle
3 Code.
4 (hh) Records that are exempt from disclosure under
5 Section 1A-16.7 of the Election Code.
6 (ii) Information which is exempted from disclosure
7 under Section 2505-800 of the Department of Revenue Law of
8 the Civil Administrative Code of Illinois.
9 (jj) Information and reports that are required to be
10 submitted to the Department of Labor by registering day and
11 temporary labor service agencies but are exempt from
12 disclosure under subsection (a-1) of Section 45 of the Day
13 and Temporary Labor Services Act.
14 (kk) Information prohibited from disclosure under the
15 Seizure and Forfeiture Reporting Act.
16 (ll) Information the disclosure of which is restricted
17 and exempted under Section 5-30.8 of the Illinois Public
18 Aid Code.
19 (mm) (ll) Records that are exempt from disclosure under
20 Section 4.2 of the Crime Victims Compensation Act.
21 (nn) (ll) Information that is exempt from disclosure
22 under Section 70 of the Higher Education Student Assistance
23 Act.
24 (oo) Any record or information that a unit of local
25 government or school district maintains an electronic copy
26 of on its Internet website in order to comply with the Open

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1 Meetings Act.
2(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
3eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
499-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
5100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
68-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
7eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
8100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
910-12-18.)
10 Section 10. The Department of Central Management Services
11Law of the Civil Administrative Code of Illinois is amended by
12changing Section 405-335 as follows:
13 (20 ILCS 405/405-335)
14 Sec. 405-335. Illinois Transparency and Accountability
15Portal (ITAP).
16 (a) The Department, within 12 months after the effective
17date of this amendatory Act of the 96th General Assembly, shall
18establish and maintain a website, known as the Illinois
19Transparency and Accountability Portal (ITAP), with a
20full-time webmaster tasked with compiling and updating the ITAP
21database with information received from all State agencies as
22defined in this Section. Within 6 months of the effective date
23of this amendatory Act, the ITAP shall have the capability to
24compile and update the ITAP database with information received

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1from all school districts and units of local government
2including, but not limited to, counties, townships, library
3districts, and municipalities. Subject to appropriation, the
4full-time webmaster must also compile and update the ITAP
5database with information received from all school districts
6and units of local government including, but not limited to,
7counties, townships, library districts, and municipalities.
8 (b) For purposes of this Section:
9 "State agency" means the offices of the constitutional
10officers identified in Article V of the Illinois Constitution,
11executive agencies, and departments, boards, commissions, and
12Authorities under the Governor.
13 "Contracts" means payment obligations with vendors on file
14with the Office of the Comptroller to purchase goods and
15services exceeding $10,000 in value (or, in the case of
16professional or artistic services, exceeding $5,000 in value).
17 "Appropriation" means line-item detail of spending
18approved by the General Assembly and Governor, categorized by
19object of expenditure.
20 "Individual consultants" means temporary workers eligible
21to receive State benefits paid on a State payroll.
22 "Recipients" means State agencies receiving
23appropriations.
24 (c) The ITAP shall provide direct access to each of the
25following:
26 (1) A database of all current State employees and

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

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1 effective date of this amendatory Act of 2010, sorted
2 searchably by each of the following at the time of
3 employment:
4 (i) Name.
5 (ii) Employing State agency.
6 (iii) Employing State division.
7 (iv) Employment position title.
8 (v) Current pay rate and year-to-date pay.
9 (vi) County of employment location.
10 (vii) Rutan status.
11 (viii) Status of position as subject to collective
12 bargaining, subject to merit compensation, or exempt
13 under Section 4d of the Personnel Code.
14 (ix) Employment status as probationary, trainee,
15 intern, certified, or exempt from certification.
16 (x) Status as a military veteran.
17 (7) A searchable database of all current county,
18 township, library district, and municipal employees sorted
19 separately by:
20 (i) Employing unit of local government.
21 (ii) Employment position title.
22 (iii) Current pay rate and year-to-date pay.
23 (8) A searchable database of all county, township, and
24 municipal employees hired on or after the effective date of
25 this amendatory Act of the 97th General Assembly, sorted
26 separately by each of the following at the time of

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1 employment:
2 (i) Employing unit of local government.
3 (ii) Employment position title.
4 (iii) Current pay rate and year-to-date pay.
5 (9) A searchable database of all library district
6 employees hired on or after August 9, 2013 (the effective
7 date of Public Act 98-246), sorted separately by each of
8 the following at the time of employment:
9 (i) Employing unit of local government.
10 (ii) Employment position title.
11 (iii) Current pay rate and year-to-date pay.
12 (10) A link to a website maintained by the Department
13 that contains a list of contact information for each State
14 agency, including a telephone number and a link to the
15 Agency's website. Each State agency shall be responsible
16 for providing and updating the Department with this
17 information.
18 (11) Information provided to the ITAP pursuant to
19 Section 2.03.5 of the Open Meetings Act.
20 (d) The ITAP shall include all information required to be
21published by subsection (c) of this Section that is available
22to the Department in a format the Department can compile and
23publish on the ITAP. The Department shall update the ITAP as
24additional information becomes available in a format that can
25be compiled and published on the ITAP by the Department.
26 (e) Each State agency, county, township, library district,

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1and municipality shall cooperate with the Department in
2furnishing the information necessary for the implementation of
3this Section within a timeframe specified by the Department.
4 (f) Each county, township, library district, or
5municipality submitting information to be displayed on the
6Illinois Transparency and Accountability Portal (ITAP) is
7responsible for the accuracy of the information provided.
8 (g) The Department, within 6 months after January 1, 2014
9(the effective date of Public Act 98-283), shall distribute a
10spreadsheet or otherwise make data entry available to each
11State agency to facilitate the collection of data on the
12State's annual workforce characteristics, workforce
13compensation, and employee mobility. The Department shall
14determine the data to be collected by each State agency. Each
15State agency shall cooperate with the Department in furnishing
16the data necessary for the implementation of this subsection
17within the timeframe specified by the Department. The
18Department shall publish the data received from each State
19agency on the ITAP or another open data site annually.
20(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
21eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)
22 Section 90. The State Mandates Act is amended by adding
23Section 8.43 as follows:
24 (30 ILCS 805/8.43 new)

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1 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
2of this Act, no reimbursement by the State is required for the
3implementation of any mandate created by this amendatory Act of
4the 101st General Assembly.
5 Section 97. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.
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