Sen. Dan Duffy

Filed: 5/7/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3895

2    AMENDMENT NO. ______. Amend House Bill 3895 by replacing
3everything after the enacting clause with the following:
 
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 must post on its website for the current
10calendar or fiscal year, as the case may be, and the 4 years
11immediately before that calendar or fiscal year any budget,
12financial audit, audit schedule, or special project report,
13including without limitation the comprehensive annual
14financial report, performance audits, and reports required
15under the Tax Increment Allocation Redevelopment Act in the
16Illinois Municipal Code. All reports should include the

 

 

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1following:
2        (i) All actual revenues and expenditures for at least
3    the 4 previous fiscal years. Any report focusing on any
4    subset of the Total shall specify that only partial amounts
5    are shown and identify the Total amount and the nature of
6    items not included in the report.
7        (ii) Revenues shall be broken out by source, including
8    but not limited to, the broad categories of local, State,
9    and federal tax dollars.
10        (iii) Expenditures should be separated into current
11    operating, capital, and debt service.
12        (iv) Expenditure summaries for units of local
13    government shall include the per-resident calculation for
14    comparison to other governmental bodies. For schools, a
15    per-pupil calculation shall be included, and shall be made
16    based on full-time equivalent enrollment.
17    (b) No later than one year from the enactment of this
18legislation, each unit of local government or school district
19shall develop, maintain, and make publicly available a single,
20searchable expenditure and revenue web site database that
21allows the public, at no cost, to review information concerning
22moneys collected and expended by the unit of local government
23or school district. The web site database shall include the
24following data concerning all expenditures made by the unit of
25local government or school district:
26        (i) the name and principal location or address of the

 

 

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1    entity receiving moneys, except that information
2    concerning a payment to an employee of the unit of local
3    government or school district shall identify the
4    individual employee by name and business address or
5    location only;
6        (ii) the amount of expended moneys;
7        (iii) the funding source of the expended moneys;
8        (iv) the date of the expenditure;
9        (v) the name of the budget program, activity, or
10    category supporting the expenditure;
11        (vi) a description of the purpose for the expenditure;
12    and
13        (vii) to the extent possible, a unique identifier for
14    each expenditure.
15    The expenditure data shall be provided in an open
16structured data format that may be downloaded by the user and
17allows the user to systematically sort, search, and access all
18data. The web site database shall contain only information that
19is a public record or that is not confidential or otherwise
20protected from public disclosure pursuant to State or federal
21law.
22    The unit of local government or school district shall
23update the financial data contained on the web site database at
24least monthly, and archive the financial data, which shall
25remain accessible and searchable on the web site database. The
26database must be easily accessible from the main page of the

 

 

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1unit of local government or school district's web site. The
2unit of local government or school district shall create and
3make easily accessible an automated Rich Site Summary (RSS)
4feed or other similar free service to which users of the web
5site database may subscribe for notification of updates to the
6database.
7    (c) 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    (d) The postings required by this Section are in addition
11to any other posting requirements required by law or ordinance.
12    (e) 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 action to compel the unit of local government
18or school district to comply with the requirements set forth in
19subsection (a). The court may impose any penalty or other
20sanction as it deems appropriate. The court, in its discretion,
21may also award to the citizen bringing the action reasonable
22attorneys' fees and costs.
23    (f) 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 8.36 as follows:
 
4    (30 ILCS 805/8.36 new)
5    Sec. 8.36. 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.
 
9    Section 97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 999. Effective date. This Act takes effect upon
12becoming law.".