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.
  


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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,
 
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 that has 
9an Internet website that the full-time staff of the unit of 
10local government or school district maintains must post on its 
11website for the current calendar or fiscal year, as the case 
12may be, and the 4 years immediately before that calendar or 
13fiscal year the following 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) In accordance with the Open Meetings Act, notice of 
20    any regular or special meeting, the agenda of any regular 
21    or special meeting, and the minutes from any regular or 
22    special meeting.
23        (3)  In accordance with the Freedom of Information Act, 
 
 
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1    the procedure for requesting information from the unit of 
2    local government or school district.
3        (4) The annual budget and appropriation ordinances.
4        (5) The ordinances under which the unit of local 
5    government or school district operates as of the effective 
6    date of this amendatory Act of the 97th General Assembly 
7    and all such ordinances thereafter adopted.
8        (6) The procedures required to apply for building 
9    permits and zoning variances. 
10        (7) Any financial audit, audit schedule, or special 
11    project report, including without limitation the 
12    comprehensive annual financial report, performance audits, 
13    and reports required under the Tax Increment Allocation 
14    Redevelopment Act in the Illinois Municipal Code.
15        (8) A detailed list of the total compensation paid to 
16    each employee including wages, salary, overtime, and 
17    benefits, including health, dental, life, and pension.
18        (9) Contracts with lobbying firms hired by the unit of 
19    local government or school district.  The name and amount of 
20    money paid to lobbying associations by the unit of local 
21    government or school district.
22        (10) A detailed list of the taxes and fees imposed by 
23    the unit of local government or school district.
24        (11) A detailed list of all expenditures made by the 
25    unit of local government or school district.
26        (12) The ordinances and rules governing the award of 
 
 
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1    contracts.
2        (13) All bids and contracts for purchase in the amount 
3    of $25,000 or more.
4        (14) All campaign contributions made by a vendor to an 
5    official of the unit of local government or school 
6    district. 
7    (b) The information required to be posted under subsection 
8(a) must be easily accessible from the unit of local 
9government's or school district's home page and searchable. 
10    (c) The postings required by this Section are in addition 
11to any other posting requirements required by law or ordinance. 
12    (d) If a unit of local government or school district fails 
13to comply with this Section, then any citizen who is a resident 
14of the unit of local government or school district may file 
15suit in the circuit court for the county where the unit of 
16local government or school district is located. The citizen may 
17bring a mandamus or injunction action to compel the unit of 
18local government or school district to comply with the 
19requirements set forth in subsection (a). The court may impose 
20any penalty or other sanction as it deems appropriate. The 
21court, in its discretion, may also award to the citizen 
22bringing the action reasonable attorneys' fees and costs.
23    (e) No home rule unit may adopt posting requirements that 
24are less restrictive than this Section.  This Section is a 
25limitation under subsection (i) of Section 6 of Article VII of 
26the Illinois Constitution on the concurrent exercise by home 
 
 
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1rule units of powers and functions exercised by the State. 
  
 
2    Section 90. The State Mandates Act is amended by adding 
3Section 8.35 as follows:
 
4    (30 ILCS 805/8.35 new)
5    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 
6of this Act, no reimbursement by the State is required for the 
7implementation of any mandate created by this amendatory Act of 
8the 97th General Assembly.