Bill Text: IL HB2717 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Local Records Act. Requires a unit of local government or school district with an annual budget of $1 million or more to maintain an Internet website and post to that website, for the current calendar or fiscal year, as the case may be, the following information: (1) contact information for elected and appointed officials; (2) notice of and materials prepared for regular and emergency meetings; (3) procedures for requesting information from the unit of local government or school district; (4) annual budget; (5) ordinances under which the unit of local government or school district operates; (6) procedures to apply for building permits and zoning variances; (7) financial reports and audits; (8) information concerning employee compensation; (9) contracts with lobbying firms; (10) taxes and fees imposed by the unit of local government or school district; (11) rules governing the award of contracts; (12) bids and contracts worth $25,000 or more; (13) campaign contributions made by a vendor; (14) a debt disclosure report; and (15) public notices. Sets forth requirements concerning a searchable expenditure and revenue database. Provides that any citizen who is a resident of the unit of local government or school district may bring a mandamus or injunction action to compel the unit of local government or school district to comply with the Internet posting requirements. Provides a posting in perpetuity clause. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Contains a severability clause. Amends the Freedom of Information Act. Provides statutory exemption for any electronic copy of a record or information maintained on the website of a unit of local government or school district. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2015-05-15 - Rule 3-9(a) / Re-referred to Assignments [HB2717 Detail]

Download: Illinois-2015-HB2717-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Open Meetings Act is amended by adding
Section 2.03.5 as follows:
(5 ILCS 120/2.03.5 new)
Sec. 2.03.5. Internet posting requirements.
(a) A unit of local government or school district with a
budget of $1 million or more shall maintain an Internet website
and post to its website for the current calendar or fiscal
year, as the case may be, the following information:
(1) The contact information, including the phone
number and e-mail address, for all elected and appointed
officials, the Freedom of Information Officer, the chief
administrator, and the head administrator for each
department.
(2) The agenda, board packets, and any other prepared
materials of all regular meetings shall be posted at least
72 hours before a meeting. The agenda, board packets, and
any other prepared materials of all special or emergency
meetings shall be posted at least 24 hours before a
meeting. The posting shall indicate if the agendas are in
draft form. The minutes from any regular or special meeting

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

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operating, capital, and debt service.
(D) Expenditure summaries for units of local
government should reflect the per-resident calculation
for comparison to other governmental bodies. For
schools, a per-pupil calculation should be made based
on full-time or equivalent enrollment.
(E) Audits should include a management letter.
(8) A detailed list of the total compensation paid to
each employee including wages, salary, overtime, and
benefits, including health, dental, life, and pension.
(9) Contracts with lobbying firms hired by the unit of
local government or school district. The name and amount of
money paid to lobbying associations by the unit of local
government or school district.
(10) A detailed list of the taxes and fees imposed by
the unit of local government or school district.
(11) The ordinances and rules governing the award of
all bids and contracts for purchase in the amount of
$25,000 or more.
(12) All bids and contracts for purchase in the amount
of $25,000 or more.
(13) All campaign contributions made by a vendor to an
official of the unit of local government or school
district.
(14) A debt disclosure report that includes the
following:

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(A) sum total of all debts and liabilities;
(B) sum total of gross tax levy for the most recent
tax year;
(C) gross operating budget revenue for the most
recent fiscal year;
(D) total pension liability;
(E) total unfunded pension liability; and
(F) actuarial cost method used to calculate total
pension liability and total unfunded pension
liability, and other post-employment benefits,
including:
(i) projected investment rate of return;
(ii) actual investment rate of return over the
past 10 years;
(iii) annual rate of salary increases;
(iv) participant mortality rate; and
(v) healthcare cost trend rate for Other
Post-Employment Benefits (OPEB); and
(15) Public notices.
(b) No later than one year from the effective date of this
amendatory Act of the 99th General Assembly, each unit of local
government or school district shall develop, maintain, and make
publicly available a single, searchable expenditure and
revenue web site database that allows the public, at no cost,
to review information concerning moneys collected and expended
by the unit of local government or school district. The web

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site database shall include the following data concerning all
expenditures made by the unit of local government or school
district:
(1) the name and principal location or address of the
entity receiving moneys, except that information
concerning a payment to an employee of the unit of local
government or school district shall identify the
individual employee by name and business address or
location only;
(2) the amount of expended moneys;
(3) the funding source of the expended moneys;
(4) the date of the expenditure;
(5) the name of the budget program, activity, or
category supporting the expenditure;
(6) a description of the purpose for the expenditure;
and
(7) to the extent possible, a unique identifier for
each expenditure.
The expenditure data shall be provided in an open
structured data format that may be downloaded by the user and
allows the user to systematically sort, search, and access all
data. The web site database shall contain only information that
is a public record or that is not confidential or otherwise
protected from public disclosure pursuant to State or federal
law.
The unit of local government or school district shall

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update the financial data contained on the web site database at
least monthly, and archive the financial data, which shall
remain accessible and searchable on the web site database. The
database must be easily accessible from the main page of the
unit of local government or school district's web site. The
unit of local government or school district shall create and
make easily accessible an automated Rich Site Summary (RSS)
feed to which users of the web site database may subscribe for
notification of updates to the database.
The unit of local government or school district may meet
all requirements of this subsection by having the information
and data required to be included on the unit's web site
database posted in the Illinois Transparency and
Accountability Portal.
This subsection shall not apply until 6 months after the
effective date of this amendatory Act of the 99th General
Assembly.
(c) The information required to be posted under subsection
(a) must be easily accessible from the unit of local
government's or school district's home page and searchable.
(d) The postings required by this Section are in addition
to any other posting requirements required by law or ordinance.
(e) If a unit of local government or school district fails
to comply with this Section, then any citizen who is a resident
of the unit of local government or school district may file
suit in the circuit court for the county where the unit of

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local government or school district is located. The citizen may
bring a mandamus or injunction action to compel the unit of
local government or school district to comply with the
requirements set forth in subsection (a). The court may impose
any penalty or other sanction as it deems appropriate. The
court, in its discretion, may also award to the citizen
bringing the action reasonable attorneys' fees and costs.
(f) No home rule unit may adopt posting requirements that
are less restrictive than this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(g) All local records required to be posted by this
amendatory Act of the 99th General Assembly shall remain posted
on the entity's website, or subsequent websites, in perpetuity.
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions Exemptions. To the extent
provided for by the statutes referenced below, the following
shall be exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.

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(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector

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general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital

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Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information

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

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(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Any record or information that a unit of local
government or school district maintains an electronic copy
on its Internet website in order to comply with the Open
Meetings Act.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
Section 10. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-335 as follows:

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(20 ILCS 405/405-335)
Sec. 405-335. Illinois Transparency and Accountability
Portal (ITAP).
(a) The Department, within 12 months after the effective
date of this amendatory Act of the 96th General Assembly, shall
establish and maintain a website, known as the Illinois
Transparency and Accountability Portal (ITAP), with a
full-time webmaster tasked with compiling and updating the ITAP
database with information received from all State agencies as
defined in this Section. Within 6 months of the effective date
of this amendatory Act, ITAP shall have the capability to
compile and update the ITAP database with information received
from all school districts and units of local government
including, but not limited to, counties, townships, library
districts, and municipalities. Subject to appropriation, the
full-time webmaster must also compile and update the ITAP
database with information received from all school districts
and units of local government including, but not limited to,
counties, townships, library districts, and municipalities.
(b) For purposes of this Section:
"State agency" means the offices of the constitutional
officers identified in Article V of the Illinois Constitution,
executive agencies, and departments, boards, commissions, and
Authorities under the Governor.
"Contracts" means payment obligations with vendors on file

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with the Office of the Comptroller to purchase goods and
services exceeding $10,000 in value (or, in the case of
professional or artistic services, exceeding $5,000 in value).
"Appropriation" means line-item detail of spending
approved by the General Assembly and Governor, categorized by
object of expenditure.
"Individual consultants" means temporary workers eligible
to receive State benefits paid on a State payroll.
"Recipients" means State agencies receiving
appropriations.
(c) The ITAP shall provide direct access to each of the
following:
(1) A database of all current State employees and
individual consultants, except sworn law enforcement
officers, sorted separately by:
(i) Name.
(ii) Employing State agency.
(iii) Employing State division.
(iv) Employment position title.
(v) Current pay rate and year-to-date pay.
(2) A database of all current State expenditures,
sorted separately by agency, category, recipient, and
Representative District.
(3) A database of all development assistance
reportable pursuant to the Corporate Accountability for
Tax Expenditures Act, sorted separately by tax credit

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category, taxpayer, and Representative District.
(4) A database of all revocations and suspensions of
State occupation and use tax certificates of registration
and all revocations and suspensions of State professional
licenses, sorted separately by name, geographic location,
and certificate of registration number or license number,
as applicable. Professional license revocations and
suspensions shall be posted only if resulting from a
failure to pay taxes, license fees, or child support.
(5) A database of all current State contracts, sorted
separately by contractor name, awarding officer or agency,
contract value, and goods or services provided.
(6) A database of all employees hired after the
effective date of this amendatory Act of 2010, sorted
searchably by each of the following at the time of
employment:
(i) Name.
(ii) Employing State agency.
(iii) Employing State division.
(iv) Employment position title.
(v) Current pay rate and year-to-date pay.
(vi) County of employment location.
(vii) Rutan status.
(viii) Status of position as subject to collective
bargaining, subject to merit compensation, or exempt
under Section 4d of the Personnel Code.

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(ix) Employment status as probationary, trainee,
intern, certified, or exempt from certification.
(x) Status as a military veteran.
(7) A searchable database of all current county,
township, library district, and municipal employees sorted
separately by:
(i) Employing unit of local government.
(ii) Employment position title.
(iii) Current pay rate and year-to-date pay.
(8) A searchable database of all county, township, and
municipal employees hired on or after the effective date of
this amendatory Act of the 97th General Assembly, sorted
separately by each of the following at the time of
employment:
(i) Employing unit of local government.
(ii) Employment position title.
(iii) Current pay rate and year-to-date pay.
(9) A searchable database of all library district
employees hired on or after August 9, 2013 (the effective
date of Public Act 98-246), sorted separately by each of
the following at the time of employment:
(i) Employing unit of local government.
(ii) Employment position title.
(iii) Current pay rate and year-to-date pay.
(10) A link to a website maintained by the Department
that contains a list of contact information for each State

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agency, including a telephone number and a link to the
Agency's website. Each State agency shall be responsible
for providing and updating the Department with this
information.
(11) Information provided to ITAP pursuant to Section
2.03.5 of the Open Meetings Act.
(d) The ITAP shall include all information required to be
published by subsection (c) of this Section that is available
to the Department in a format the Department can compile and
publish on the ITAP. The Department shall update the ITAP as
additional information becomes available in a format that can
be compiled and published on the ITAP by the Department.
(e) Each State agency, county, township, library district,
and municipality shall cooperate with the Department in
furnishing the information necessary for the implementation of
this Section within a timeframe specified by the Department.
(f) Each county, township, library district, or
municipality submitting information to be displayed on the
Illinois Transparency and Accountability Portal (ITAP) is
responsible for the accuracy of the information provided.
(g) The Department, within 6 months after January 1, 2014
(the effective date of Public Act 98-283), shall distribute a
spreadsheet or otherwise make data entry available to each
State agency to facilitate the collection of data on the
State's annual workforce characteristics, workforce
compensation, and employee mobility. The Department shall

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determine the data to be collected by each State agency. Each
State agency shall cooperate with the Department in furnishing
the data necessary for the implementation of this subsection
within the timeframe specified by the Department. The
Department shall publish the data received from each State
agency on the ITAP or another open data site annually.
(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)
Section 90. The State Mandates Act is amended by adding
Section 8.39 as follows:
(30 ILCS 805/8.39 new)
Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 99th General Assembly.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.