Full Text of SB3291 98th General Assembly
SB3291 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3291 Introduced 2/14/2014, by Sen. Karen McConnaughay SYNOPSIS AS INTRODUCED: |
| 50 ILCS 205/20 new | | 30 ILCS 805/8.38 new | |
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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) 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; and (4) public notices. 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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| | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Local Records Act is amended by adding | 5 | | Section 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 located | 9 | | in a county with a population of 100,000 or more shall, within | 10 | | 90 days of the effective date of this amendatory Act of the | 11 | | 98th General Assembly, maintain an Internet website and post to | 12 | | its website for the current calendar year the following | 13 | | information: | 14 | | (1) The contact information, including the phone | 15 | | number and e-mail address, for all elected and appointed | 16 | | officials, the Freedom of Information Officer, the chief | 17 | | administrator, and the head administrator for each | 18 | | department. | 19 | | (2) The agenda, board packets, and any other prepared | 20 | | materials, except those related to testimony, of all | 21 | | regular meetings shall be posted at least 48 hours before a | 22 | | meeting. The agenda, board packets, and any other prepared | 23 | | materials, except those related to testimony, of all |
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| 1 | | special or emergency meetings shall be posted at least 24 | 2 | | hours before a meeting. The posting shall indicate if the | 3 | | agendas are in draft form. The minutes from any regular or | 4 | | special meeting shall be posted within 48 hours of | 5 | | approval. All materials related to testimony shall be | 6 | | posted within 48 hours of presentation. | 7 | | (3) In accordance with the Freedom of Information Act, | 8 | | the procedure for requesting information from the unit of | 9 | | local government or school district. | 10 | | (4) The ordinances under which the unit of local | 11 | | government or school district operates, including any | 12 | | future changes thereto. | 13 | | (5) Any other notice, advertisement, proclamation, | 14 | | statement, proposal, ordinance or proceedings of an | 15 | | official body or board or any other matter or material that | 16 | | is required by law or by the order of any court to be | 17 | | published in any newspaper. | 18 | | (b) The postings required by this Section are in addition | 19 | | to any other posting requirements required by law or ordinance. | 20 | | (c) If a unit of local government or school district fails | 21 | | to comply with this Section, then any citizen who is a resident | 22 | | of the unit of local government or school district may file | 23 | | suit in the circuit court for the county where the unit of | 24 | | local government or school district is located. The citizen may | 25 | | bring a mandamus or injunction action to compel the unit of | 26 | | local government or school district to comply with the |
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| 1 | | requirements set forth in subsection (a) or (b), as applicable. | 2 | | The court may impose any penalty or other sanction as it deems | 3 | | appropriate. The court, in its discretion, may also award to | 4 | | the citizen bringing the action reasonable attorneys' fees and | 5 | | costs. | 6 | | (d) No home rule unit may adopt posting requirements that | 7 | | are less restrictive than this Section. This Section is a | 8 | | limitation under subsection (i) of Section 6 of Article VII of | 9 | | the Illinois Constitution on the concurrent exercise by home | 10 | | rule units of powers and functions exercised by the State. | 11 | | (e) All local records required to be posted under this | 12 | | Section shall remain posted on the entity's website, or | 13 | | subsequent websites, in perpetuity.
| 14 | | Section 90. The State Mandates Act is amended by adding | 15 | | Section 8.38 as follows: | 16 | | (30 ILCS 805/8.38 new) | 17 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 | | of this Act, no reimbursement by the State is required for the | 19 | | implementation of any mandate created by this amendatory Act of | 20 | | the 98th General Assembly. | 21 | | Section 97. Severability. The provisions of this Act are | 22 | | severable under Section 1.31 of the Statute on Statutes. | 23 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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