SB0037 97TH GENERAL ASSEMBLY

LRB097 02863 KMW 42885 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0037

Introduced 1/27/2011, by Sen. Dan Duffy

SYNOPSIS AS INTRODUCED:

50 ILCS 205/20 new
30 ILCS 805/8.35 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 regular and special 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) expenditures, (xii) rules governing the award of contracts, (xiii) bids and contracts worth $25,000 or more, and (xiv) campaign contributions made by a vendor. 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.

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 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 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:

(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) In accordance with the Open Meetings Act, notice of any regular or special meeting, the agenda of any regular or special meeting, and the minutes from any regular or special meeting.

(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 such ordinances thereafter adopted.

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

(7) Any 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.

(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) A detailed list of all expenditures made by the unit of local government or school district.

(12) The ordinances and rules governing the award of contracts.

(13) All bids and contracts for purchase in the amount of $25,000 or more.

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

(b) 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.

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

(d) 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.

(e) 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 8.35 as follows:

(30 ILCS 805/8.35 new)

Sec. 8.35. 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.