Rep. Jeanne M Ives

Filed: 4/12/2013

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