SB3291 98TH GENERAL ASSEMBLY

LRB098 16855 JLK 55132 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3291

Introduced 2/14/2014, by Sen. Karen McConnaughay

SYNOPSIS AS INTRODUCED:

50 ILCS 205/20 new
30 ILCS 805/8.38 new

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) contact information for elected and appointed officials; (2) notice of and materials prepared for regular and emergency meetings; (3) procedures for requesting information from the unit of local government or school district; and (4) public notices. 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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Records Act is amended by adding Section 20 as follows:

(50 ILCS 205/20 new)

Sec. 20. Internet posting requirements.

(a) A unit of local government or school district located in a county with a population of 100,000 or more shall, within 90 days of the effective date of this amendatory Act of the 98th General Assembly, maintain an Internet website and post to its website for the current calendar year the following information:

(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 department.

(2) 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 special meeting shall be posted within 48 hours of approval. All materials related to testimony shall be posted within 48 hours of presentation.

(3) In accordance with the Freedom of Information Act, the procedure for requesting information from the unit of local government or school district.

(4) The ordinances under which the unit of local government or school district operates, including any future changes thereto.

(5) Any other notice, advertisement, proclamation, statement, proposal, ordinance or proceedings of an official body or board or any other matter or material that is required by law or by the order of any court to be published in any newspaper.

(b) The postings required by this Section are in addition to any other posting requirements required by law or ordinance.

(c) 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) or (b), as applicable. 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.

(d) 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.

(e) All local records required to be posted under this Section shall remain posted on the entity's website, or subsequent websites, in perpetuity.

Section 90. The State Mandates Act is amended by adding Section 8.38 as follows:

(30 ILCS 805/8.38 new)

Sec. 8.38. Exempt mandate. 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 98th General Assembly.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.