Illinois General Assembly - Full Text of HB3312
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Full Text of HB3312  98th General Assembly

HB3312 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3312

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 205/20 new
30 ILCS 805/8.37 new

    Amends the Local Records Act. Requires a unit of local government or school district with an annual budget of $1 million or more to maintain an Internet website and post to that website, for the current calendar or fiscal year, as the case may be, the following information: (1) contact information for elected and appointed officials; (2) notice of and materials prepared for regular and emergency meetings; (3) procedures for requesting information from the unit of local government or school district; (4) annual budget; (5) ordinances under which the unit of local government or school district operates; (6) procedures to apply for building permits and zoning variances; (7) financial reports and audits; (8) information concerning employee compensation; (9) contracts with lobbying firms; (10) taxes and fees imposed by the unit of local government or school district; (11) rules governing the award of contracts; (12) bids and contracts worth $25,000 or more; (13) campaign contributions made by a vendor; (14) a debt disclosure report; and (15) public notices. Sets forth requirements concerning a searchable expenditure and revenue 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. 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.


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A BILL FOR

 

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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 Local Records Act is amended by adding
5Section 20 as follows:
 
6    (50 ILCS 205/20 new)
7    Sec. 20. Internet posting requirements.
8    (a) A unit of local government or school district with a
9budget of $1 million or more shall maintain an Internet website
10and post to its website for the current calendar or fiscal
11year, as the case may be, the following information:
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 agenda, board packets, and any other prepared
18    materials of all regular meetings shall be posted at least
19    72 hours before a meeting. The agenda, board packets, and
20    any other prepared materials of all special or emergency
21    meetings shall be posted at least 24 hours before a
22    meeting. The posting shall indicate if the agendas are in
23    draft form. The minutes from any regular or special meeting

 

 

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1    shall be posted within 72 hours of approval.
2        (3) In accordance with the Freedom of Information Act,
3    the procedure for requesting information from the unit of
4    local government or school district.
5        (4) The annual budget and appropriation ordinances.
6        (5) The ordinances under which the unit of local
7    government or school district operates as of the effective
8    date of this amendatory Act of the 98th General Assembly
9    and all ordinances thereafter adopted.
10        (6) The procedures required to apply for building
11    permits and zoning variances.
12        (7) Any budget, financial audit, audit schedule, or
13    special project report, including without limitation the
14    comprehensive annual financial report, performance audits,
15    and reports required under the Tax Increment Allocation
16    Redevelopment Act in the Illinois Municipal Code. All
17    reports should include the following:
18            (A) All actual revenues and expenditures for at
19        least the 3 previous fiscal years. Any report focusing
20        on any subset of Total should specify that only partial
21        amounts are shown and identify the Total amount and the
22        nature of items not included in the report.
23            (B) Revenues should be broken out by source,
24        including the broad categories of local, State, and
25        federal tax dollars.
26            (C) Expenditures should be separated into current

 

 

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1        operating, capital, and debt service.
2            (D) Expenditure summaries for units of local
3        government should reflect the per-resident calculation
4        for comparison to other governmental bodies. For
5        schools, a per-pupil calculation should be made based
6        on full-time or equivalent enrollment.
7            (E) Audits should include a management letter.
8        (8) A detailed list of the total compensation paid to
9    each employee including wages, salary, overtime, and
10    benefits, including health, dental, life, and pension.
11        (9) Contracts with lobbying firms hired by the unit of
12    local government or school district. The name and amount of
13    money paid to lobbying associations by the unit of local
14    government or school district.
15        (10) A detailed list of the taxes and fees imposed by
16    the unit of local government or school district.
17        (11) The ordinances and rules governing the award of
18    all bids and contracts for purchase in the amount of
19    $25,000 or more.
20        (12) All bids and contracts for purchase in the amount
21    of $25,000 or more.
22        (13) All campaign contributions made by a vendor to an
23    official of the unit of local government or school
24    district.
25        (14) A debt disclosure report that includes the
26    following:

 

 

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1            (A) sum total of all debts and liabilities;
2            (B) sum total of gross tax levy for the most recent
3        tax year;
4            (C) gross operating budget revenue for the most
5        recent fiscal year;
6            (D) total pension liability;
7            (E) total unfunded pension liability; and
8            (F) actuarial cost method used to calculate total
9        pension liability and total unfunded pension
10        liability, and other post-employment benefits,
11        including:
12                (i) projected investment rate of return;
13                (ii) actual investment rate of return over the
14            past 10 years;
15                (iii) annual rate of salary increases;
16                (iv) participant mortality rate; and
17                (v) healthcare cost trend rate for Other
18            Post-Employment Benefits (OPEB); and
19        (15) Public notices.
20    (b) No later than one year from the effective date of this
21amendatory Act of the 98th General Assembly, each unit of local
22government or school district shall develop, maintain, and make
23publicly available a single, searchable expenditure and
24revenue web site database that allows the public, at no cost,
25to review information concerning moneys collected and expended
26by the unit of local government or school district. The web

 

 

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1site database shall include the following data concerning all
2expenditures made by the unit of local government or school
3district:
4        (1) the name and principal location or address of the
5    entity receiving moneys, except that information
6    concerning a payment to an employee of the unit of local
7    government or school district shall identify the
8    individual employee by name and business address or
9    location only;
10        (2) the amount of expended moneys;
11        (3) the funding source of the expended moneys;
12        (4) the date of the expenditure;
13        (5) the name of the budget program, activity, or
14    category supporting the expenditure;
15        (6) a description of the purpose for the expenditure;
16    and
17        (7) to the extent possible, a unique identifier for
18    each expenditure.
19    The expenditure data shall be provided in an open
20structured data format that may be downloaded by the user and
21allows the user to systematically sort, search, and access all
22data. The web site database shall contain only information that
23is a public record or that is not confidential or otherwise
24protected from public disclosure pursuant to State or federal
25law.
26    The unit of local government or school district shall

 

 

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1update the financial data contained on the web site database at
2least monthly, and archive the financial data, which shall
3remain accessible and searchable on the web site database. The
4database must be easily accessible from the main page of the
5unit of local government or school district's web site. The
6unit of local government or school district shall create and
7make easily accessible an automated Rich Site Summary (RSS)
8feed to which users of the web site database may subscribe for
9notification of updates to the database.
10    (c) The information required to be posted under subsection
11(a) must be easily accessible from the unit of local
12government's or school district's home page and searchable.
13    (d) The postings required by this Section are in addition
14to any other posting requirements required by law or ordinance.
15    (e) If a unit of local government or school district fails
16to comply with this Section, then any citizen who is a resident
17of the unit of local government or school district may file
18suit in the circuit court for the county where the unit of
19local government or school district is located. The citizen may
20bring a mandamus or injunction action to compel the unit of
21local government or school district to comply with the
22requirements set forth in subsection (a). The court may impose
23any penalty or other sanction as it deems appropriate. The
24court, in its discretion, may also award to the citizen
25bringing the action reasonable attorneys' fees and costs.
26    (f) No home rule unit may adopt posting requirements that

 

 

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1are less restrictive than this Section. This Section is a
2limitation under subsection (i) of Section 6 of Article VII of
3the Illinois Constitution on the concurrent exercise by home
4rule units of powers and functions exercised by the State.
5    (g) All local records required to be posted by this
6amendatory Act of the 98th General Assembly shall remain posted
7on the entity's website, or subsequent websites, in perpetuity.
 
8    Section 90. The State Mandates Act is amended by adding
9Section 8.37 as follows:
 
10    (30 ILCS 805/8.37 new)
11    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
12of this Act, no reimbursement by the State is required for the
13implementation of any mandate created by this amendatory Act of
14the 98th General Assembly.
 
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
 
17    Section 999. Effective date. This Act takes effect upon
18becoming law.