Full Text of SB3292 98th General Assembly
SB3292 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3292 Introduced 2/14/2014, by Sen. Karen McConnaughay SYNOPSIS AS INTRODUCED: |
| 50 ILCS 205/20 new | | 30 ILCS 805/8.38 new | |
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Amends the Local Records Act. Provides that a unit of local government or a school district located in a county with a population of 100,000 or more shall have a website containing the following information for the current calendar year: (1) annual budget; (2) ordinances under which the unit of local government or school district operates; (3) financial reports and audits; (4) information concerning employee compensation; (5) taxes and fees imposed by the unit of local government or school district; (6) a debt disclosure report; and (7) a pension liability debt disclosure report. 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.
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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,
| 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 located | 9 | | in a county with a population of 100,000 or more shall, within | 10 | | 90 days of the effective date of this amendatory Act of the | 11 | | 98th General Assembly, maintain an Internet website and post to | 12 | | its website for the current calendar year the following | 13 | | information: | 14 | | (1) The annual budget and appropriation ordinances, | 15 | | supplemental budgets, supplemental appropriations for | 16 | | general revenue, and all special revenue funds. | 17 | | (2) Any budget, financial audit, or audit schedule, | 18 | | including, without limitation, the comprehensive annual | 19 | | financial report, performance audits, and reports required | 20 | | under the Tax Increment Allocation Redevelopment Act in the | 21 | | Illinois Municipal Code. All annual and budget year end | 22 | | audit reports should include the following: | 23 | | (A) Any report focusing on any subset of the total |
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| 1 | | should specify that only partial amounts are shown and | 2 | | identify the total amount and the nature of items not | 3 | | included in the report. | 4 | | (B) Revenues should be broken out by source, | 5 | | including the broad categories of local, State, and | 6 | | federal tax dollars. | 7 | | (C) Expenditures should be separated into current | 8 | | operating, capital, and debt service. | 9 | | (D) Expenditure summaries for the unit of local | 10 | | government's year-end audits should reflect the | 11 | | per-resident calculation for comparison to other | 12 | | governmental bodies. For schools, a per-pupil | 13 | | calculation should be made based on full-time or | 14 | | equivalent enrollment. | 15 | | (E) Audits should include a management letter. | 16 | | (3) A searchable monthly check register of its main | 17 | | checking account that can be accessed via the Internet | 18 | | website. The check register shall contain the check number, | 19 | | vendor name, amount, brief description of the expenditure, | 20 | | date, purchase order number, and budget code, and shall be | 21 | | updated by the unit of local government or school district | 22 | | on a monthly basis. | 23 | | (4) A detailed list of the total compensation paid to | 24 | | each full-time and contractual employee including wages, | 25 | | salary, overtime, and benefits, including health, dental, | 26 | | life, and pension compiled and posted at the end of the |
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| 1 | | year. | 2 | | (5) A detailed list of the taxes and fees imposed by | 3 | | the unit of local government or school district, including | 4 | | the accounts they were deposited into and broken down by | 5 | | each property tax levy rate and amount compared to the | 6 | | previous year. | 7 | | (6) A debt disclosure report. | 8 | | (7) A pension liability debt disclosure report. | 9 | | (b) The postings required by this Section are in addition | 10 | | to any other posting requirements required by law or ordinance. | 11 | | (c) 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) or (b), as applicable. | 19 | | The court may impose any penalty or other sanction as it deems | 20 | | appropriate. The court, in its discretion, may also award to | 21 | | the citizen bringing the action reasonable attorneys' fees and | 22 | | costs. | 23 | | (d) No home rule unit may adopt posting requirements that | 24 | | are less restrictive than this Section. This Section is a | 25 | | limitation under subsection (i) of Section 6 of Article VII of | 26 | | the Illinois Constitution on the concurrent exercise by home |
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| 1 | | rule units of powers and functions exercised by the State. | 2 | | (e) All local records required to be posted by this Section | 3 | | shall remain posted on the entity's website, or subsequent | 4 | | websites, in perpetuity. | 5 | | Section 90. The State Mandates Act is amended by adding | 6 | | Section 8.38 as follows: | 7 | | (30 ILCS 805/8.38 new) | 8 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 | | of this Act, no reimbursement by the State is required for the | 10 | | implementation of any mandate created by this amendatory Act of | 11 | | the 98th General Assembly. | 12 | | Section 97. Severability. The provisions of this Act are | 13 | | severable under Section 1.31 of the Statute on Statutes.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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