Bill Text: IL HB3410 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that a unit of local government or school district with an operating budget of $1,000,000 or more shall maintain an Internet website and post to its website for the current calendar or fiscal year specified information. Provides that the information required to be posted must be easily accessible from the unit of local government's or school district's website home page and searchable. Provides penalties for noncompliance. Provides that no home rule unit may adopt posting requirements that are less restrictive than those provided in the Act. Provides that all local records required to be posted shall remain posted on the entity's website, or subsequent websites, for 10 years. Exempts the School District of the Department of Juvenile Justice. Amends the Freedom of Information Act. Provides an exemption from inspection and copying of any record or information that a unit of local government or school district maintains an electronic copy of on its Internet website in order to comply with the Open Meetings Act. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that within 6 months after the effective date of this amendatory Act, the Illinois Transparency and Accountability Portal shall have the capability to compile and update its database with information received from all school districts and units of local government. Authorizes the Illinois Transparency and Accountability Portal to provide direct access to information compiled under specified provisions of the Open Meetings Act. Provides an exempt mandate provision. Provides a severability clause. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-04-23 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB3410 Detail]

Download: Illinois-2021-HB3410-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3410 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 805/8.45 new
Amends the Open Meetings Act. Provides that a unit of local government or school district with an operating budget of $1,000,000 or more shall maintain an Internet website and post to its website for the current calendar or fiscal year specified information. Provides that the information required to be posted must be easily accessible from the unit of local government's or school district's website home page and searchable. Provides penalties for noncompliance. Provides that no home rule unit may adopt posting requirements that are less restrictive than those provided in the Act. Provides that all local records required to be posted shall remain posted on the entity's website, or subsequent websites, for 10 years. Exempts the School District of the Department of Juvenile Justice. Amends the Freedom of Information Act. Provides an exemption from inspection and copying of any record or information that a unit of local government or school district maintains an electronic copy of on its Internet website in order to comply with the Open Meetings Act. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that within 6 months after the effective date of this amendatory Act, the Illinois Transparency and Accountability Portal shall have the capability to compile and update its database with information received from all school districts and units of local government. Authorizes the Illinois Transparency and Accountability Portal to provide direct access to information compiled under specified provisions of the Open Meetings Act. Provides an exempt mandate provision. Provides a severability clause. Effective immediately.
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A BILL FOR
HB3410 LRB102 12541 RJF 17879 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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 an
operating budget of $1,000,000 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 email 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
48 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

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draft form. The minutes from any regular or special
meeting shall be posted within 48 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 102nd General Assembly
and all ordinances thereafter adopted.
(6) The procedures required to apply for building
permits and zoning variances.
(7) Any budget, financial audit or audit schedule,
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 the 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

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federal tax dollars.
(C) Expenditures should be separated into current
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 taxes and fees imposed by
the unit of local government or school district.
(9) The ordinances and rules governing the award of
all bids and contracts for purchase in the amount of
$25,000 or more.
(10) All bids and contracts for purchase in the amount
of $25,000 or more.
(11) A debt disclosure report that includes the
following:
(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; and
(E) total unfunded pension liability.
(b) The information required to be posted under subsection

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(a) must be easily accessible from the unit of local
government's or school district's website home page and
searchable.
(c) The postings required by this Section are in addition
to any other posting requirements required by law or
ordinance.
(d) If a unit of local government or school district fails
to comply with this Section, then any person, including the
State's Attorney of the county in which such noncompliance may
occur, may bring a civil action in the circuit court for the
judicial circuit in which the alleged noncompliance has
occurred, or in which the affected public body has its
principal office. The court, having due regard for orderly
administration and the public interest, as well as for the
interests of the parties, may grant such relief as it deems
appropriate, including granting a relief by mandamus to compel
the unit of local government or school district to comply with
the requirements set forth in subsection (a) or injunction
against future violations of this Act. The court may assess
against any party reasonable attorney's fees and other
litigation costs reasonably incurred by any other party who
substantially prevails in any action brought in accordance
with this Section, provided that costs may be assessed against
any private party or parties bringing an action pursuant to
this Section only upon the court's determination that the
action is malicious or frivolous in nature.

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(e) 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.
(f) All local records required to be posted by this
amendatory Act of the 102nd General Assembly shall remain
posted on the entity's website, or subsequent websites, for 10
years.
(g) This Section shall not apply to School District No.
428, operated by the Department of Juvenile Justice.
Section 10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory 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.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

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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
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

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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 carriers
under the Emergency Telephone System 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 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

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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 Record 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 Exchange in the possession of the Illinois
Health Information Exchange Office 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

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Portability and Accountability 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 the Developmental Disability and
Mental Health Safety Act (also known as 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.
(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

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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) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under

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Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.

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(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed

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under Section 1-167 of the Illinois Pension Code.
(bbb) Any record or information that a unit of local
government or school district maintains an electronic copy
of on its Internet website in order to comply with the Open
Meetings Act.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20.)
Section 15. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-335 as follows:
(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

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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 after the
effective date of this amendatory Act of the 102nd General
Assembly, 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
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.

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"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
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,

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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.
(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:

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(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
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 under Section 2.03.5
of the Open Meetings Act.

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(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
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.

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(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 8.45 as follows:
(30 ILCS 805/8.45 new)
Sec. 8.45. 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 102nd General Assembly.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.