SB3392 97TH GENERAL ASSEMBLY

LRB097 20022 KMW 65332 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3392

Introduced 2/7/2012, by Sen. Dan Duffy

SYNOPSIS AS INTRODUCED:

50 ILCS 205/20 new
30 ILCS 805/8.36 new

Amends the Local Records Act. Requires that a unit of local government or school district that has an Internet website that the full-time staff of the unit of local government or school district maintains must post on its website for the current calendar or fiscal year, as the case may be, and the 4 years immediately before that calendar or fiscal year the following information: (i) contact information for elected and appointed officials, (ii) notice of and materials prepared for regular and emergency meetings, (iii) procedures for requesting information from the unit of local government or school district, (iv) annual budget, (v) ordinances under which the unit of local government or school district operates, (vi) procedures to apply for building permits and zoning variances, (vii) financial reports and audits, (viii) information concerning employee compensation, (ix) contracts with lobbying firms, (x) taxes and fees imposed by the unit of local government or school district, (xi) rules governing the award of contracts, (xii) bids and contracts worth $25,000 or more, and (xiii) campaign contributions made by a vendor. Provides that a unit of local government or school district must create a searchable expenditure and revenue database on its website. Sets forth requirements concerning the 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. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Contains a severability clause. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Records Act is amended by adding Section 20 as follows:

(50 ILCS 205/20 new)

Sec. 20. Internet posting requirements.

(a) A unit of local government or school district that has an Internet website must post on its website for the current calendar or fiscal year, as the case may be, and the 4 years immediately before that calendar or fiscal year 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 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 97th 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:

(i) 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.

(ii) Revenues should be broken out by source, including the broad categories of local, State, and federal tax dollars.

(iii) Expenditures should be separated into current operating, capital, and debt service.

(iv) 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 equivalent enrollment.

(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.

(b) No later than one year from the enactment of this legislation, 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 site database shall include the following data concerning all expenditures made by the unit of local government or school district:

(i) 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;

(ii) the amount of expended moneys;

(iii) the funding source of the expended moneys;

(iv) the date of the expenditure;

(v) the name of the budget program, activity, or category supporting the expenditure;

(vi) a description of the purpose for the expenditure; and

(vii) 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 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.

(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 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.

Section 90. The State Mandates Act is amended by adding Section 8.36 as follows:

(30 ILCS 805/8.36 new)

Sec. 8.36. 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 97th General Assembly.

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

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