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.
|
| |
| | A BILL FOR |
|
| | | HB3312 | | LRB098 07537 OMW 37608 b |
|
| 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 with a | 9 | | budget of $1 million or more shall maintain an Internet website | 10 | | and post to its website for the current calendar or fiscal | 11 | | year, 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 |
| | | HB3312 | - 2 - | LRB098 07537 OMW 37608 b |
|
| 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 |
| | | HB3312 | - 3 - | LRB098 07537 OMW 37608 b |
|
| 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: |
| | | HB3312 | - 4 - | LRB098 07537 OMW 37608 b |
|
| 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 | 21 | | amendatory Act of the 98th General Assembly, each unit of local | 22 | | government or school district shall develop, maintain, and make | 23 | | publicly available a single, searchable expenditure and | 24 | | revenue web site database that allows the public, at no cost, | 25 | | to review information concerning moneys collected and expended | 26 | | by the unit of local government or school district. The web |
| | | HB3312 | - 5 - | LRB098 07537 OMW 37608 b |
|
| 1 | | site database shall include the following data concerning all | 2 | | expenditures made by the unit of local government or school | 3 | | district: | 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 | 20 | | structured data format that may be downloaded by the user and | 21 | | allows the user to systematically sort, search, and access all | 22 | | data. The web site database shall contain only information that | 23 | | is a public record or that is not confidential or otherwise | 24 | | protected from public disclosure pursuant to State or federal | 25 | | law. | 26 | | The unit of local government or school district shall |
| | | HB3312 | - 6 - | LRB098 07537 OMW 37608 b |
|
| 1 | | update the financial data contained on the web site database at | 2 | | least monthly, and archive the financial data, which shall | 3 | | remain accessible and searchable on the web site database. The | 4 | | database must be easily accessible from the main page of the | 5 | | unit of local government or school district's web site. The | 6 | | unit of local government or school district shall create and | 7 | | make easily accessible an automated Rich Site Summary (RSS) | 8 | | feed to which users of the web site database may subscribe for | 9 | | notification 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 | 12 | | government's or school district's home page and searchable. | 13 | | (d) The postings required by this Section are in addition | 14 | | to any other posting requirements required by law or ordinance. | 15 | | (e) If a unit of local government or school district fails | 16 | | to comply with this Section, then any citizen who is a resident | 17 | | of the unit of local government or school district may file | 18 | | suit in the circuit court for the county where the unit of | 19 | | local government or school district is located. The citizen may | 20 | | bring a mandamus or injunction action to compel the unit of | 21 | | local government or school district to comply with the | 22 | | requirements set forth in subsection (a). The court may impose | 23 | | any penalty or other sanction as it deems appropriate. The | 24 | | court, in its discretion, may also award to the citizen | 25 | | bringing the action reasonable attorneys' fees and costs. | 26 | | (f) No home rule unit may adopt posting requirements that |
| | | HB3312 | - 7 - | LRB098 07537 OMW 37608 b |
|
| 1 | | are less restrictive than this Section. This Section is a | 2 | | limitation under subsection (i) of Section 6 of Article VII of | 3 | | the Illinois Constitution on the concurrent exercise by home | 4 | | rule units of powers and functions exercised by the State. | 5 | | (g) All local records required to be posted by this | 6 | | amendatory Act of the 98th General Assembly shall remain posted | 7 | | on the entity's website, or subsequent websites, in perpetuity.
| 8 | | Section 90. The State Mandates Act is amended by adding | 9 | | Section 8.37 as follows: | 10 | | (30 ILCS 805/8.37 new) | 11 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | 12 | | of this Act, no reimbursement by the State is required for the | 13 | | implementation of any mandate created by this amendatory Act of | 14 | | the 98th General Assembly. | 15 | | Section 97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes. | 17 | | Section 999. Effective date. This Act takes effect upon | 18 | | becoming law.
|
|