Full Text of HB4803 98th General Assembly
HB4803ham001 98TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4803
| 2 | | AMENDMENT NO. ______. Amend House Bill 4803 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | adding Section 2.25 as follows: | 6 | | (5 ILCS 140/2.25 new) | 7 | | Sec. 2.25. Records maintained online. | 8 | | (a) A public body is not required to copy and make | 9 | | available for public inspection a public record that is | 10 | | published on the public body's website if the public body's | 11 | | Freedom of Information officer certifies that the online record | 12 | | is a true and accurate copy of the original record maintained | 13 | | by the public body. | 14 | | (b) The Freedom of Information officer shall notify the | 15 | | person requesting the public record that it is available | 16 | | online. If the person requesting the public record is unable to |
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| 1 | | access the record online, the public body is then required to | 2 | | copy and make available the public record. | 3 | | Section 10. The Local Records Act is amended by adding | 4 | | Section 20 as follows: | 5 | | (50 ILCS 205/20 new) | 6 | | Sec. 20. Internet posting requirements. | 7 | | (a) Any unit of local government serving a population of | 8 | | 5,000 or more and any school district with an enrollment of 500 | 9 | | or more students shall maintain an Internet website and post to | 10 | | its website for the current calendar or fiscal year, as the | 11 | | case may be, any of the following information that unit of | 12 | | local government or school district is already required to file | 13 | | with any other government agency: | 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 public records the unit of local government or | 20 | | school district is required by law to report to other | 21 | | government agencies. | 22 | | (3) The agenda, board packets, and any other prepared | 23 | | materials, except those related to testimony, of all | 24 | | regular meetings shall be posted at least 48 hours before a |
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| 1 | | meeting. The agenda, board packets and any other prepared | 2 | | materials, except those related to testimony, of all | 3 | | special or emergency meetings shall be posted at least 24 | 4 | | hours before a meeting. The posting shall indicate if the | 5 | | agendas are in draft form. The minutes from any regular or | 6 | | special meeting shall be posted within 48 hours of | 7 | | approval. All materials related to testimony shall be | 8 | | posted within 48 hours of presentation. | 9 | | (4) In accordance with the Freedom of Information Act, | 10 | | the procedure for requesting information from the unit of | 11 | | local government or school district. | 12 | | (5) The annual budget and appropriation ordinances. | 13 | | (6) The procedures required to apply for building | 14 | | permits and zoning variances. | 15 | | (7) Any budget, financial audit, audit schedule, or | 16 | | special project report, including without limitation the | 17 | | comprehensive annual financial report, performance audits, | 18 | | and reports required under the Tax Increment Allocation | 19 | | Redevelopment Act in the Illinois Municipal Code. All | 20 | | reports should include the following: | 21 | | (A) All actual revenues and expenditures for at | 22 | | least the 3 previous fiscal years. Any report focusing | 23 | | on any subset of Total should specify that only partial | 24 | | amounts are shown and identify the Total amount and the | 25 | | nature of items not included in the report. | 26 | | (B) Revenues should be broken out by source, |
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| 1 | | including the broad categories of local, State, and | 2 | | federal tax dollars. | 3 | | (C) Expenditures should be separated into current | 4 | | operating, capital, and debt service. | 5 | | (D) Expenditure summaries for units of local | 6 | | government should reflect the per-resident calculation | 7 | | for comparison to other governmental bodies. For | 8 | | schools, a per-pupil calculation should be made based | 9 | | on full-time or equivalent enrollment. | 10 | | (E) Audits should include a management letter. | 11 | | (8) A detailed list of the total compensation paid to | 12 | | each employee compiled and posted at the end of the year. | 13 | | (9) A detailed list of the taxes and fees imposed by | 14 | | the unit of local government or school district. | 15 | | (10) The ordinances and rules governing the award of | 16 | | all bids and contracts for purchase in the amount of | 17 | | $25,000 or more. | 18 | | (11) All bids and contracts for purchase in the amount | 19 | | of $25,000 or more. | 20 | | (12) A debt disclosure report that includes the | 21 | | following: | 22 | | (A) sum total of all debts and liabilities; | 23 | | (B) sum total of gross tax levy for the most recent | 24 | | tax year; | 25 | | (C) gross operating budget revenue for the most | 26 | | recent fiscal year; |
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| 1 | | (D) total pension liability; | 2 | | (E) total unfunded pension liability; and | 3 | | (F) actuarial cost method used to calculate total | 4 | | pension liability and total unfunded pension | 5 | | liability, and other post-employment benefits, | 6 | | including: | 7 | | (i) projected investment rate of return; | 8 | | (ii) actual investment rate of return over the | 9 | | past 10 years; | 10 | | (iii) annual rate of salary increases; | 11 | | (iv) participant mortality rate; and | 12 | | (v) healthcare cost trend rate for Other | 13 | | Post-Employment Benefits (OPEB); and | 14 | | (13) Public notices. | 15 | | (14) A searchable monthly check register of its main | 16 | | checking account that can be accessed via the Internet | 17 | | website. The check register shall contain the check number, | 18 | | vendor name, amount, brief description of the expenditure, | 19 | | date, purchase order number, and budget code, and shall be | 20 | | updated by the union of local government or school district | 21 | | on a monthly basis. | 22 | | (b) The unit of local government or school district shall | 23 | | update the financial data contained on the web site database at | 24 | | least monthly, and archive the financial data, which shall | 25 | | remain accessible and searchable on the web site database. The | 26 | | database must be easily accessible from the main page of the |
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| 1 | | unit of local government or school district's web site. The | 2 | | unit of local government or school district shall create and | 3 | | make easily accessible an automated Rich Site Summary (RSS) | 4 | | feed to which users of the web site database may subscribe for | 5 | | notification of updates to the database. | 6 | | (c) The information required to be posted under subsection | 7 | | (a) must be easily accessible from the unit of local | 8 | | government's or school district's home page and searchable. | 9 | | (d) The postings required by this Section are in addition | 10 | | to any other posting requirements required by law or ordinance. | 11 | | (e) If a unit of local government or school district fails | 12 | | to comply with this Section, then any citizen who is a resident | 13 | | of the unit of local government or school district may file | 14 | | suit in the circuit court for the county where the unit of | 15 | | local government or school district is located. The citizen may | 16 | | bring a mandamus or injunction action to compel the unit of | 17 | | local government or school district to comply with the | 18 | | requirements set forth in subsection (a). The court may impose | 19 | | any penalty or other sanction as it deems appropriate. The | 20 | | court, in its discretion, may also award to the citizen | 21 | | bringing the action reasonable attorneys' fees and costs. | 22 | | (f) No home rule unit may adopt posting requirements that | 23 | | are less restrictive than this Section. This Section is a | 24 | | limitation under subsection (i) of Section 6 of Article VII of | 25 | | the Illinois Constitution on the concurrent exercise by home | 26 | | rule units of powers and functions exercised by the State. |
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| 1 | | (g) All local records required to be posted by this | 2 | | amendatory Act of the 98th General Assembly shall remain posted | 3 | | on the entity's website, or subsequent websites, in perpetuity.
| 4 | | Section 90. The State Mandates Act is amended by adding | 5 | | Section 8.38 as follows: | 6 | | (30 ILCS 805/8.38 new) | 7 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 8 | | of this Act, no reimbursement by the State is required for the | 9 | | implementation of any mandate created by this amendatory Act of | 10 | | the 98th General Assembly. | 11 | | Section 97. Severability. The provisions of this Act are | 12 | | severable under Section 1.31 of the Statute on Statutes. | 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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