Full Text of HB3006 100th General Assembly
HB3006 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3006 Introduced , by Rep. Al Riley SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/4 | from Ch. 116, par. 204 | 5 ILCS 140/8.1 new | | 5 ILCS 140/8.5 | | 50 ILCS 205/20 rep. | | 715 ILCS 5/2.1 | |
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Amends the Freedom of Information Act. Deletes language providing that a public body that maintains a website shall also post specified information on its website. Provides that a unit of local government or school district with annual operating expenditures of more than $1 million for 2 consecutive years that has a website maintained by the full-time staff of the public body shall post to that website specified information. Provides that a public record is considered published on the public body's website even if it is hosted on a website that is maintained by another governmental entity if a hyperlink to the public record is provided on the public body's website. Amends the Local Records Act. Repeals a Section providing that specified units of local government and school districts shall post specified information to their websites. Amends the Notice By Publication Act. Provides that whenever an officer of a court, unit of local government, or school district is required by law to provide notice by publication in a newspaper, it is sufficient to publish, in lieu of the entire text of the notice, the following information: (1) a citation to the statutory basis for the requirement that the notice be published; and (2) the Internet website where the full text of the notice may be found.
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| | HOME RULE NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 4 and 8.5 and by adding Section 8.1 as | 6 | | follows:
| 7 | | (5 ILCS 140/4) (from Ch. 116, par. 204)
| 8 | | Sec. 4.
Each public body shall prominently display at each | 9 | | of its administrative
or regional offices,
make available for | 10 | | inspection and copying, and send through the mail if
requested, | 11 | | each of the following:
| 12 | | (a) A brief description of itself, which will include, | 13 | | but not be limited
to, a short summary of its purpose, a | 14 | | block diagram giving its functional
subdivisions, the | 15 | | total amount of its operating budget, the number and | 16 | | location
of all of its separate offices, the approximate | 17 | | number of full and part-time employees,
and the | 18 | | identification and membership of any board, commission, | 19 | | committee,
or council which operates in an advisory | 20 | | capacity relative to the operation
of the public body, or | 21 | | which exercises control over its policies or procedures,
or | 22 | | to which the public body is required to report and be | 23 | | answerable for
its operations; and
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| 1 | | (b) A brief description of the methods whereby the | 2 | | public may request
information and public records, a | 3 | | directory designating the Freedom of Information officer | 4 | | or officers, the address where requests for public records | 5 | | should be directed,
and any fees allowable under Section 6 | 6 | | of this Act.
| 7 | | A public body that maintains a website shall also post this | 8 | | information on its website. | 9 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 10 | | (5 ILCS 140/8.1 new) | 11 | | Sec. 8.1. Website requirements. | 12 | | (a) A unit of local government or school district with | 13 | | annual operating expenditures of more than $1
million for 2 | 14 | | consecutive years that has a website that is maintained by the | 15 | | full-time staff of the public
body shall post to that website | 16 | | the following information: | 17 | | (1) A mechanism, such as a uniform single email | 18 | | address, for members of the public to
electronically | 19 | | communicate with elected officials of that unit of local | 20 | | government or school district,
unless the officials have | 21 | | individual email addresses for that purpose as required in | 22 | | Section 20 of the Local Records Act. | 23 | | (2) Meeting notices, agenda, and minutes in accordance | 24 | | with the requirements of the Open
Meetings Act. | 25 | | (3) Information required by Section 4b of this Act. |
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| 1 | | (4) Information required by Section 17-1.2 of the | 2 | | School Code, as applicable. | 3 | | (5) A copy of the current tax levy for the unit of | 4 | | local government or school district. | 5 | | (6) A copy of the conduct ordinances for the unit of | 6 | | local government, if any. | 7 | | (7) The procedures required to apply for building | 8 | | permits and zoning variances that may be
administered or | 9 | | issued by the unit of local government. | 10 | | (8) For units of local government only, a hyperlink to | 11 | | the local government warehouse section of
the | 12 | | Comptroller's website, with a brief statement indicating | 13 | | that the local government's annual financial
report and | 14 | | annual audit, if required, are accessible at that website. | 15 | | (9) For school districts only, a hyperlink to the State | 16 | | Board of Education's website, with a brief
statement | 17 | | indicating that the school district's annual budget, | 18 | | statement of affairs, and an annual
report on all contracts | 19 | | over $25,000 is accessible at that website. | 20 | | (10) For units of local government only, a hyperlink to | 21 | | the local government section of the Illinois
Department of | 22 | | Revenue website, with a brief statement indicating that | 23 | | information concerning the
property taxes assessed by | 24 | | units of local government is accessible at that website. | 25 | | (11) A copy of the unit of local government or school | 26 | | district's most recent annual statement of
receipts and |
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| 1 | | disbursements required under the Public Funds Statement | 2 | | Publication Act, the
Illinois Municipal Code, or the School | 3 | | Code. | 4 | | (12) A hyperlink to the lobbyist information search | 5 | | section of the Illinois Secretary of State's
website. | 6 | | (13) Either: (i) the ordinances, policies, or rules | 7 | | governing the award of all bids and contracts for
purchase | 8 | | in the amount of more than $25,000; or (ii) a citation and | 9 | | hyperlink to the applicable State
statute through the | 10 | | General Assembly's website. | 11 | | (14) Either: (i) a list of all contracts for purchase | 12 | | in the amount of more than $25,000; or (ii) a copy
of the | 13 | | unit of local government's most recent annual statement of | 14 | | receipts and disbursements or school
district's report on | 15 | | contracts required by Section 10-20.44 of the School Code, | 16 | | as applicable. | 17 | | (15) a hyperlink to the campaign contributions search | 18 | | section of the Illinois State Board of
Elections website. | 19 | | (16) a hyperlink to the website referenced in Section | 20 | | 2.1 of the Notice by Publication Act. | 21 | | (b) a hyperlink to a webpage containing the information | 22 | | required to be posted under
subsection (a) shall be displayed | 23 | | on the home page of the unit of local government or school | 24 | | district. | 25 | | (c) No home rule unit may adopt posting requirements that | 26 | | are less restrictive than this Section. This
Section is a |
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| 1 | | limitation under subsection (i) of Section 6 of Article VII of | 2 | | the Illinois Constitution on the
concurrent exercise by home | 3 | | rule units of powers and functions exercised by the State. | 4 | | (5 ILCS 140/8.5) | 5 | | Sec. 8.5. Records maintained online. | 6 | | (a) Notwithstanding any provision of this Act to the | 7 | | contrary, a public body is not required to copy a public record | 8 | | that is published on the public body's website. The public body | 9 | | shall notify the requester that the public record is available | 10 | | online and direct the requester to the website where the record | 11 | | can be reasonably accessed. For purposes of this subsection, a | 12 | | public record is considered published on the
public body's | 13 | | website even it it is hosted on a website that is maintained by | 14 | | another
governmental entity if a hyperlink to the public record | 15 | | is provided on the public body's website. | 16 | | (b) If the person requesting the public record is unable to | 17 | | reasonably access the record online after being directed to the | 18 | | website pursuant to subsection (a) of this Section, the | 19 | | requester may re-submit his or her request for the record | 20 | | stating his or her inability to reasonably access the record | 21 | | online, and the public body shall make the requested record | 22 | | available for inspection or copying as provided in Section 3 of | 23 | | this Act.
| 24 | | (Source: P.A. 98-1129, eff. 12-3-14.) |
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| 1 | | (50 ILCS 205/20 rep.) | 2 | | Section 10. The Local Records Act is amended by repealing | 3 | | Section 20. | 4 | | Section 15. The Notice By Publication Act is amended by | 5 | | changing Section 2.1 as follows: | 6 | | (715 ILCS 5/2.1) | 7 | | Sec. 2.1. Internet publication Statewide website . | 8 | | (a) Whenever notice by publication in a newspaper is | 9 | | required by law, order of court, or contract, the newspaper | 10 | | publishing the notice shall, at no additional cost to | 11 | | government, place the notice on the statewide website | 12 | | established and maintained as a joint venture of the majority | 13 | | of Illinois newspapers as a repository for such notices. | 14 | | (b) Whenever an officer of a court, unit of local | 15 | | government, or school district is required by law to provide | 16 | | notice by publication in a newspaper, it is sufficient to | 17 | | publish, in lieu of the entire text of the notice, the | 18 | | following information: | 19 | | (1) a citation to the statutory basis for the | 20 | | requirement that the notice be published; and
| 21 | | (2) the Internet website where the full text of the | 22 | | notice may be found. | 23 | | (Source: P.A. 96-1144, eff. 12-31-12 .)
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