SB0859 99TH GENERAL ASSEMBLY

LRB099 06801 AWJ 26875 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0859

Introduced 2/11/2015, by Sen. Karen McConnaughay

SYNOPSIS AS INTRODUCED:

50 ILCS 205/25 new
30 ILCS 805/8.39 new

Amends the Local Records Act. Provides that a unit of local government or a school district located in a county with a population of 100,000 or more shall have a website containing the following information for the current calendar year: (1) procedures to apply for building permits and zoning variances; (2) contracts with lobbying firms; (3) rules governing the award of contracts; (4) bids and contracts worth $25,000 or more; (5) campaign contributions made by a vendor; and (6) all vendor disclosures of relationships to any employee of that unit of local government or school district. 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. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 25 as follows:

(50 ILCS 205/25 new)

Sec. 25. Website posting requirements for counties with a population of 100,000 or more; suit for noncompliance.

(a) A unit of local government or school district located in a county with a population of 100,000 or more shall, within 90 days of the effective date of this amendatory Act of the 99th General Assembly, maintain an Internet website and post to its website for the current calendar year the following information:

(1) The procedures required to apply for building permits and zoning variances.

(2) 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.

(3) The ordinances and rules governing the award of all bids and contracts for purchase, including collective bargaining agreements and employment contracts.

(4) All bids and contracts for purchase in the amount of $25,000 or more, including collective bargaining agreements and employment contracts.

(5) All campaign contributions made by a vendor to an official of the unit of local government or school district.

(6) All vendor disclosures of relationships to any employee of that unit of local government or school district.

(b) The postings required by this Section are in addition to any other posting requirements required by law or ordinance.

(c) 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) or (b), as applicable. 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.

(d) 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.

(e) All local records required to be posted by this Section shall remain posted on the entity's website, or subsequent websites, in perpetuity.

Section 10. 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.

Section 99. Effective date. This Act takes effect upon becoming law.