Rep. Jeanne M Ives
Filed: 4/12/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 3312




2 AMENDMENT NO. ______. Amend House Bill 3312, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Freedom of Information Act is amended by 
6changing Section 7.5 as follows:

7 (5 ILCS 140/7.5)
8 Sec. 7.5. Statutory Exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be exempt 
10from inspection and copying:
11 (a) All information determined to be confidential under 
12Section 4002 of the Technology Advancement and Development Act.
13 (b) Library circulation and order records identifying 
14library users with specific materials under the Library Records 
15Confidentiality Act.
16 (c) Applications, related documents, and medical records 
 
 
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1received by the Experimental Organ Transplantation Procedures 
2Board and any and all documents or other records prepared by 
3the Experimental Organ Transplantation Procedures Board or its 
4staff relating to applications it has received.
5 (d) Information and records held by the Department of 
6Public Health and its authorized representatives relating to 
7known or suspected cases of sexually transmissible disease or 
8any information the disclosure of which is restricted under the 
9Illinois Sexually Transmissible Disease Control Act.
10 (e) Information the disclosure of which is exempted under 
11Section 30 of the Radon Industry Licensing Act.
12 (f) Firm performance evaluations under Section 55 of the 
13Architectural, Engineering, and Land Surveying Qualifications 
14Based Selection Act.
15 (g) Information the disclosure of which is restricted and 
16exempted under Section 50 of the Illinois Prepaid Tuition Act.
17 (h) Information the disclosure of which is exempted under 
18the State Officials and Employees Ethics Act, and records of 
19any lawfully created State or local inspector general's office 
20that would be exempt if created or obtained by an Executive 
21Inspector General's office under that Act.
22 (i) Information contained in a local emergency energy plan 
23submitted to a municipality in accordance with a local 
24emergency energy plan ordinance that is adopted under Section 
2511-21.5-5 of the Illinois Municipal Code.
26 (j) Information and data concerning the distribution of 
 
 
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1surcharge moneys collected and remitted by wireless carriers 
2under the Wireless Emergency Telephone Safety Act.
3 (k) Law enforcement officer identification information or 
4driver identification information compiled by a law 
5enforcement agency or the Department of Transportation under 
6Section 11-212 of the Illinois Vehicle Code.
7 (l) Records and information provided to a residential 
8health care facility resident sexual assault and death review 
9team or the Executive Council under the Abuse Prevention Review 
10Team Act.
11 (m) Information provided to the predatory lending database 
12created pursuant to Article 3 of the Residential Real Property 
13Disclosure Act, except to the extent authorized under that 
14Article.
15 (n) Defense budgets and petitions for certification of 
16compensation and expenses for court appointed trial counsel as 
17provided under Sections 10 and 15 of the Capital Crimes 
18Litigation Act. This subsection (n) shall apply until the 
19conclusion of the trial of the case, even if the prosecution 
20chooses not to pursue the death penalty prior to trial or 
21sentencing.
22 (o) Information that is prohibited from being disclosed 
23under Section 4 of the Illinois Health and Hazardous Substances 
24Registry Act.
25 (p) Security portions of system safety program plans, 
26investigation reports, surveys, schedules, lists, data, or 
 
 
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1information compiled, collected, or prepared by or for the 
2Regional Transportation Authority under Section 2.11 of the 
3Regional Transportation Authority Act or the St. Clair County 
4Transit District under the Bi-State Transit Safety Act. 
5 (q) Information prohibited from being disclosed by the 
6Personnel Records Review Act. 
7 (r) Information prohibited from being disclosed by the 
8Illinois School Student Records Act. 
9 (s) Information the disclosure of which is restricted under 
10Section 5-108 of the Public Utilities Act. 

11 (t) All identified or deidentified health information in 
12the form of health data or medical records contained in, stored 
13in, submitted to, transferred by, or released from the Illinois 
14Health Information Exchange, and identified or deidentified 
15health information in the form of health data and medical 
16records of the Illinois Health Information Exchange in the 
17possession of the Illinois Health Information Exchange 
18Authority due to its administration of the Illinois Health 
19Information Exchange. The terms "identified" and 
20"deidentified" shall be given the same meaning as in the Health 
21Insurance Accountability and Portability Act of 1996, Public 
22Law 104-191, or any subsequent amendments thereto, and any 
23regulations promulgated thereunder. 
24 (u) Records and information provided to an independent team 
25of experts under Brian's Law. 
26 (v) Names and information of people who have applied for or 
 
 
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1received Firearm Owner's Identification Cards under the 
2Firearm Owners Identification Card Act. 
3 (w) Personally identifiable information which is exempted 
4from disclosure under subsection (g) of Section 19.1 of the 
5Toll Highway Act.
6 (x) Information which is exempted from disclosure under 
7Section 5-1014.3 of the Counties Code or Section 8-11-21 of the 
8Illinois Municipal Code. 
9 (y) Any record or information that a unit of local 
10government or school district maintains an electronic copy of 
11on its Internet website pursuant to the Local Records Act. 
12(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 
1396-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 
148-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, 
15eff. 1-1-13.)".

16 Section 10. The Local Records Act is amended by adding 
17Section 20 as follows:

18 (50 ILCS 205/20 new)
19 Sec. 20. Internet posting.
20 (a) A unit of local government or school district may 
21maintain an Internet website and post to its website for the 
22current calendar or fiscal year, as the case may be, the 
23following information:
24  (1) The contact information, including the phone 
 
 
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1 number and e-mail address, for all elected and appointed 
2 officials, the Freedom of Information Officer, the chief 
3 administrator, and the head administrator for each 
4 department. 
5  (2) The agenda, board packets, and any other prepared 
6 materials of all regular meetings.
7  (3) In accordance with the Freedom of Information Act, 
8 the procedure for requesting information from the unit of 
9 local government or school district.
10  (4) The annual budget and appropriation ordinances.
11  (5) The ordinances under which the unit of local 
12 government or school district operates and all ordinances 
13 thereafter adopted.
14  (6) The procedures required to apply for building 
15 permits and zoning variances. 
16  (7) Any budget, financial audit, audit schedule, or 
17 special project report, including without limitation the 
18 comprehensive annual financial report, performance audits, 
19 and reports required under the Tax Increment Allocation 
20 Redevelopment Act in the Illinois Municipal Code. All 
21 reports may include the following:
22   (A) All actual revenues and expenditures for at 
23 least the 3 previous fiscal years. Any report focusing 
24 on any subset of Total may specify that only partial 
25 amounts are shown and identify the Total amount and the 
26 nature of items not included in the report.
 
 
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1   (B) Revenues may be broken out by source, including 
2 the broad categories of local, State, and federal tax 
3 dollars. 
4   (C) Expenditures may be separated into current 
5 operating, capital, and debt service. 
6   (D) Expenditure summaries for units of local 
7 government may reflect the per-resident calculation 
8 for comparison to other governmental bodies. For 
9 schools, a per-pupil calculation may be made based on 
10 full-time or equivalent enrollment.
11   (E) Audits may include a management letter. 
12  (8) A detailed list of the total compensation paid to 
13 each employee including wages, salary, overtime, and 
14 benefits, including health, dental, life, and pension.
15  (9) Contracts with lobbying firms hired by the unit of 
16 local government or school district. The name and amount of 
17 money paid to lobbying associations by the unit of local 
18 government or school district.
19  (10) A detailed list of the taxes and fees imposed by 
20 the unit of local government or school district.
21  (11) The ordinances and rules governing the award of 
22 all bids and contracts for purchase in the amount of 
23 $25,000 or more.
24  (12) All bids and contracts for purchase in the amount 
25 of $25,000 or more.
26  (13) All campaign contributions made by a vendor to an 
 
 
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1 official of the unit of local government or school 
2 district. 
3  (14) A debt disclosure report that may include the 
4 following:
5   (A) sum total of all debts and liabilities;
6   (B) sum total of gross tax levy for the most recent 
7 tax year;
8   (C) gross operating budget revenue for the most 
9 recent fiscal year;
10   (D) total pension liability;
11   (E) total unfunded pension liability; and
12   (F) actuarial cost method used to calculate total 
13 pension liability and total unfunded pension 
14 liability, and other post-employment benefits, 
15 including:
16    (i) projected investment rate of return; 
17    (ii) actual investment rate of return over the 
18 past 10 years;
19    (iii) annual rate of salary increases;
20    (iv) participant mortality rate; and
21    (v) healthcare cost trend rate for Other 
22 Post-Employment Benefits (OPEB); and 
23  (15) Public notices. 
24 (b) Each unit of local government or school district may 
25develop, maintain, and make publicly available a single 
26expenditure and revenue web site database that allows the 
 
 
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1public, at no cost, to review information concerning moneys 
2collected and expended by the unit of local government or 
3school district. The web site database may include the 
4following data concerning all expenditures made by the unit of 
5local government or school district: 
6  (1) the name and principal location or address of the 
7 entity receiving moneys, except that information 
8 concerning a payment to an employee of the unit of local 
9 government or school district may identify the individual 
10 employee by name and business address or location only; 
11  (2) the amount of expended moneys; 
12  (3) the funding source of the expended moneys; 
13  (4) the date of the expenditure; 
14  (5) the name of the budget program, activity, or 
15 category supporting the expenditure; 
16  (6) a description of the purpose for the expenditure; 
17 and 
18  (7) to the extent possible, a unique identifier for 
19 each expenditure.
20 The expenditure data may be provided in an open structured 
21data format that may be downloaded by the user with access to 
22all data. The web site database may contain only information 
23that is a public record or that is not confidential or 
24otherwise protected from public disclosure pursuant to State or 
25federal law. 
26 The unit of local government or school district may update 
 
 
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1the financial data contained on the web site database at least 
2monthly, and archive the financial data, which may remain 
3accessible on the web site database. The database may be easily 
4accessible from the main page of the unit of local government 
5or school district's web site. The unit of local government or 
6school district may create and make easily accessible an 
7automated Rich Site Summary (RSS) feed to which users of the 
8web site database may subscribe for notification of updates to 
9the database. 
10 (c) The information posted pursuant to subsection (a) may 
11be easily accessible from the unit of local government's or 
12school district's home page. 
13 (d) The postings permitted by this Section are in addition 
14to any other posting requirements required by law or ordinance. 
15 (e) All local records posted pursuant to this amendatory 
16Act of the 98th General Assembly may remain posted on the 
17entity's website, or subsequent websites, in perpetuity. 


18 Section 97. Severability. The provisions of this Act are 
19severable under Section 1.31 of the Statute on Statutes.

20 Section 999. Effective date. This Act takes effect upon 
21becoming law.".