Full Text of HB0435 99th General Assembly
HB0435 99TH GENERAL ASSEMBLY
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Ed Sullivan, Jr.
SYNOPSIS AS INTRODUCED:
5 ILCS 140/2.25 new
50 ILCS 205/25 new
30 ILCS 805/8.39 new
Amends the Local Records Act. Requires any unit of local government
serving a population of 5,000 or more and any school district with an
enrollment of 500 or more students to maintain an Internet website and post
to that website, for the current calendar or fiscal year, as the case may
be, certain information. 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 that records
posted pursuant to this amendatory Act may remain posted on the entity's
website, or subsequent websites, in perpetuity. Limits home rule powers.
Amends the State Mandates Act to require implementation without
reimbursement. Contains a severability clause. Amends the Freedom of
Information Act. Provides that a public body is not required to copy and
make available for public inspection a public record that is published on
the public body's website if the public body's Freedom of Information
officer certifies that the online record is a true and accurate copy of the
original record maintained by the public body. Provides that the Freedom of
Information officer shall notify the person requesting the public record
that it is available online. Provides that if the person requesting the
public record is unable to access the record online, the public body is
then required to copy and make available the public record. Effective
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Freedom of Information Act is amended by
adding Section 2.25 as follows:
(5 ILCS 140/2.25 new)
Records maintained online.
(a) A public body is not required to copy and make
available for public inspection a public record that is
published on the public body's website if the public body's
Freedom of Information officer certifies that the online record
is a true and accurate copy of the original record maintained
by the public body.
(b) The Freedom of Information officer shall notify the
person requesting the public record that it is available
online. If the person requesting the public record is unable to
access the record online, the public body is then required to
copy and make available the public record.
The Local Records Act is amended by adding
Section 25 as follows:
(50 ILCS 205/25 new)
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Posting on website of information filed with other
governmental agencies and financial data; suit for
(a) Any unit of local government serving a population of
5,000 or more and any school district with an enrollment of 500
or more students shall maintain an Internet website and post to
its website for the current calendar or fiscal year, as the
case may be, any of the following information that unit of
local government or school district is already required to file
with any other government agency:
(1) The contact information, including the phone
number and e-mail address, for all elected and appointed
officials, the Freedom of Information Officer, the chief
administrator, and the head administrator for each
(2) The public records the unit of local government or
school district is required by law to report to other
(3) The agenda, board packets, and any other prepared
materials, except those related to testimony, of all
regular meetings shall be posted at least 48 hours before a
meeting. The agenda, board packets and any other prepared
materials, except those related to testimony, of all
special or emergency meetings shall be posted at least 24
hours before a meeting. The posting shall indicate if the
agendas are in draft form. The minutes from any regular or
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special meeting shall be posted within 48 hours of
approval. All materials related to testimony shall be
posted within 48 hours of presentation.
(4) In accordance with the Freedom of Information Act,
the procedure for requesting information from the unit of
local government or school district.
(5) The annual budget and appropriation ordinances.
(6) The procedures required to apply for building
permits and zoning variances.
(7) Any budget, financial audit, audit schedule, or
special project report, including without limitation the
comprehensive annual financial report, performance audits,
and reports required under the Tax Increment Allocation
Redevelopment Act in the Illinois Municipal Code. All
reports should include the following:
(A) All actual revenues and expenditures for at
least the 3 previous fiscal years. Any report focusing
on any subset of Total should specify that only partial
amounts are shown and identify the Total amount and the
nature of items not included in the report.
(B) Revenues should be broken out by source,
including the broad categories of local, State, and
federal tax dollars.
(C) Expenditures should be separated into current
operating, capital, and debt service.
(D) Expenditure summaries for units of local
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government should reflect the per-resident calculation
for comparison to other governmental bodies. For
schools, a per-pupil calculation should be made based
on full-time or equivalent enrollment.
(E) Audits should include a management letter.
(8) A detailed list of the total compensation paid to
each employee compiled and posted at the end of the year.
(9) A detailed list of the taxes and fees imposed by
the unit of local government or school district.
(10) The ordinances and rules governing the award of
all bids and contracts for purchase in the amount of
$25,000 or more.
(11) All bids and contracts for purchase in the amount
of $25,000 or more.
(12) A debt disclosure report that includes the
(A) sum total of all debts and liabilities;
(B) sum total of gross tax levy for the most recent
(C) gross operating budget revenue for the most
recent fiscal year;
(D) total pension liability;
(E) total unfunded pension liability; and
(F) actuarial cost method used to calculate total
pension liability and total unfunded pension
liability, and other post-employment benefits,
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(i) projected investment rate of return;
(ii) actual investment rate of return over the
past 10 years;
(iii) annual rate of salary increases;
(iv) participant mortality rate; and
(v) healthcare cost trend rate for Other
Post-Employment Benefits (OPEB); and
(13) Public notices.
(14) A searchable monthly check register of its main
checking account that can be accessed via the Internet
website. The check register shall contain the check number,
vendor name, amount, brief description of the expenditure,
date, purchase order number, and budget code, and shall be
updated by the union of local government or school district
on a monthly basis.
(b) The unit of local government or school district shall
contained on the web site database at and archive the which
shall remain accessible and searchable on the web site
database. The database must be easily accessible from the main
page of the unit of local government or school district's web
site. The unit of local government or school district shall
create and make easily accessible an automated Rich Site
Summary (RSS) feed to which users of the web site database may
subscribe for notification of updates to the database.
(c) The information required to be posted under subsection
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(a) must be easily accessible from the unit of local
government's or school district's home page and searchable.
(d) The postings required by this Section are in addition
to any other posting requirements required by law or ordinance.
(e) If a unit of local government or school district fails
to comply with this Section, then any citizen who is a resident
of the unit of local government or school district may file
suit in the circuit court for the county where the unit of
local government or school district is located. The citizen may
bring a mandamus or injunction action to compel the unit of
local government or school district to comply with the
requirements set forth in subsection (a). The court may impose
any penalty or other sanction as it deems appropriate. The
court, in its discretion, may also award to the citizen
bringing the action reasonable attorneys' fees and costs.
(f) No home rule unit may adopt posting requirements that
are less restrictive than this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(g) All local records required to be posted by this
amendatory Act of the 99th General Assembly shall remain posted
on the entity's website, or subsequent websites, in perpetuity.
The State Mandates Act is amended by adding
Section 8.39 as follows:
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(30 ILCS 805/8.39 new)
Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 99th General Assembly.
The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
This Act takes effect upon