100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0290

 

Introduced , by Rep. David S. Olsen

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2.25 new
50 ILCS 205/25 new
30 ILCS 805/8.41 new

    Amends the Local Records Act. Requires any unit of local government serving a population of 5,000 or more and any school district with an enrollment of 500 or more students to maintain an Internet website and post to that website, for the current calendar or fiscal year, as the case may be, certain information. 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 that records posted pursuant to this amendatory Act shall remain posted on the entity's website, or subsequent websites, in perpetuity. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Contains a severability clause. Amends the Freedom of Information Act. Provides that a public body is not required to copy and make available for public inspection a public record that is published on the public body's website if the public body's Freedom of Information officer certifies that the online record is a true and accurate copy of the original record maintained by the public body. Provides that the Freedom of Information officer shall notify the person requesting the public record that it is available online. Provides that if the person requesting the public record is unable to access the record online, the public body is then required to copy and make available the public record. Effective immediately.


LRB100 05288 AWJ 15299 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0290LRB100 05288 AWJ 15299 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5adding Section 2.25 as follows:
 
6    (5 ILCS 140/2.25 new)
7    Sec. 2.25. Records maintained online.
8    (a) A public body is not required to copy and make
9available for public inspection a public record that is
10published on the public body's website if the public body's
11Freedom of Information officer certifies that the online record
12is a true and accurate copy of the original record maintained
13by the public body.
14    (b) The Freedom of Information officer shall notify the
15person requesting the public record that it is available
16online. If the person requesting the public record is unable to
17access the record online, the public body is then required to
18copy and make available the public record.
 
19    Section 10. The Local Records Act is amended by adding
20Section 25 as follows:
 
21    (50 ILCS 205/25 new)

 

 

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1    Sec. 25. Posting on website of information filed with other
2governmental agencies and financial data; suit for
3noncompliance.
4    (a) Any unit of local government serving a population of
55,000 or more and any school district with an enrollment of 500
6or more students shall maintain an Internet website and post to
7its website for the current calendar or fiscal year, as the
8case may be, any of the following information, including,
9without limitation, information that unit of local government
10or school district is already required to file with any other
11government agency:
12        (1) The contact information, including the phone
13    number and e-mail address, for all elected and appointed
14    officials, the Freedom of Information Officer, the chief
15    administrator, and the head administrator for each
16    department.
17        (2) The public records the unit of local government or
18    school district is required by law to report to other
19    government agencies.
20        (3) The agenda, board packets, and any other prepared
21    materials, except those related to testimony, of all
22    regular meetings shall be posted at least 48 hours before a
23    meeting. The agenda, board packets and any other prepared
24    materials, except those related to testimony, of all
25    special or emergency meetings shall be posted at least 24
26    hours before a meeting. The posting shall indicate if the

 

 

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1    agendas are in draft form. The minutes from any regular or
2    special meeting shall be posted within 48 hours of
3    approval. All materials related to testimony shall be
4    posted within 48 hours of presentation.
5        (4) In accordance with the Freedom of Information Act,
6    the procedure for requesting information from the unit of
7    local government or school district.
8        (5) The annual budget and appropriation ordinances.
9        (6) The procedures required to apply for building
10    permits and zoning variances.
11        (7) Any budget, financial audit, audit schedule, or
12    special project report, including, without limitation, the
13    comprehensive annual financial report, performance audits,
14    and reports required under the Tax Increment Allocation
15    Redevelopment Act of the Illinois Municipal Code. All
16    reports should include the following:
17            (A) all actual revenues and expenditures for at
18        least the 3 previous fiscal years; any report focusing
19        on any subset of total should specify that only partial
20        amounts are shown and identify the total amount and the
21        nature of items not included in the report;
22            (B) revenues should be broken out by source,
23        including the broad categories of local, State, and
24        federal tax dollars;
25            (C) expenditures should be separated into current
26        operating, capital, and debt service;

 

 

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1            (D) expenditure summaries for units of local
2        government should reflect the per-resident calculation
3        for comparison to other governmental bodies; for
4        schools, a per-pupil calculation should be made based
5        on full-time or equivalent enrollment; and
6            (E) audits should include a management letter.
7        (8) A detailed list of the total compensation paid to
8    each employee compiled and posted at the end of the year.
9        (9) A detailed list of the taxes and fees imposed by
10    the unit of local government or school district.
11        (10) The ordinances and rules governing the award of
12    all bids and contracts for purchase in the amount of
13    $25,000 or more.
14        (11) All bids and contracts for purchase in the amount
15    of $25,000 or more.
16        (12) A debt disclosure report that includes the
17    following:
18            (A) sum total of all debts and liabilities;
19            (B) sum total of gross tax levy for the most recent
20        tax year;
21            (C) gross operating budget revenue for the most
22        recent fiscal year;
23            (D) total pension liability;
24            (E) total unfunded pension liability; and
25            (F) actuarial cost method used to calculate total
26        pension liability and total unfunded pension

 

 

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1        liability, and other post-employment benefits,
2        including:
3                (i) projected investment rate of return;
4                (ii) actual investment rate of return over the
5            past 10 years;
6                (iii) annual rate of salary increases;
7                (iv) participant mortality rate; and
8                (v) healthcare cost trend rate for Other
9            Post-Employment Benefits (OPEB); and
10        (13) Public notices.
11        (14) A searchable monthly check register of its main
12    checking account that can be accessed via the Internet
13    website. The check register shall contain the check number,
14    vendor name, amount, brief description of the expenditure,
15    date, purchase order number, and budget code, and shall be
16    updated by the unit of local government or school district
17    on a monthly basis.
18    (b) The unit of local government or school district shall
19maintain a document database and archive on its website which
20shall remain accessible and searchable for the public. The
21database must be easily accessible from the home page of the
22unit of local government's or school district's website. The
23unit of local government or school district shall create and
24make easily accessible an automated Rich Site Summary (RSS)
25feed to which users of the website database may subscribe for
26notification of updates to the database.

 

 

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1    (c) The information required to be posted under subsection
2(a) must be easily accessible from the unit of local
3government's or school district's website home page and
4searchable by the public.
5    (d) The postings required by this Section are in addition
6to any other posting requirements required by law or ordinance.
7    (e) If a unit of local government or school district fails
8to comply with this Section, then any citizen who is a resident
9of the unit of local government or school district may file
10suit in the circuit court for the county where the unit of
11local government or school district is located. The citizen may
12bring a mandamus or injunction action to compel the unit of
13local government or school district to comply with the
14requirements set forth in subsection (a). The court may impose
15any penalty or other sanction as it deems appropriate. The
16court, in its discretion, may also award to the citizen
17bringing the action reasonable attorneys' fees and costs.
18    (f) No home rule unit may adopt posting requirements that
19are less restrictive than this Section. This Section is a
20limitation under subsection (i) of Section 6 of Article VII of
21the Illinois Constitution on the concurrent exercise by home
22rule units of powers and functions exercised by the State.
23    (g) All local records required to be posted by this
24amendatory Act of the 100th General Assembly shall remain
25posted on the entity's website, or subsequent websites, in
26perpetuity.
 

 

 

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1    Section 90. The State Mandates Act is amended by adding
2Section 8.41 as follows:
 
3    (30 ILCS 805/8.41 new)
4    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 100th General Assembly.
 
8    Section 97. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.