99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0857

 

Introduced 2/11/2015, by Sen. Karen McConnaughay

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 205/25 new
30 ILCS 805/8.39 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.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB0857LRB099 06799 AWJ 26873 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Records Act is amended by adding
5Section 25 as follows:
 
6    (50 ILCS 205/25 new)
7    Sec. 25. Website posting requirements for counties with a
8population of 100,000 or more; suit for noncompliance.
9    (a) A unit of local government or school district located
10in a county with a population of 100,000 or more shall, within
1190 days of the effective date of this amendatory Act of the
1299th General Assembly, maintain an Internet website and post to
13its website for the current calendar year the following
14information:
15        (1) The contact information, including the phone
16    number and e-mail address, for all elected and appointed
17    officials, the Freedom of Information Officer, the chief
18    administrator, and the head administrator for each
19    department.
20        (2) The agenda, board packets, and any other prepared
21    materials, except those related to testimony, of all
22    regular meetings shall be posted at least 48 hours before a
23    meeting. The agenda, board packets, and any other prepared

 

 

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1    materials, except those related to testimony, of all
2    special or emergency meetings shall be posted at least 24
3    hours before a meeting. The posting shall indicate if the
4    agendas are in draft form. The minutes from any regular or
5    special meeting shall be posted within 48 hours of
6    approval. All materials related to testimony shall be
7    posted within 48 hours of presentation.
8        (3) In accordance with the Freedom of Information Act,
9    the procedure for requesting information from the unit of
10    local government or school district.
11        (4) The ordinances under which the unit of local
12    government or school district operates, including any
13    future changes thereto.
14        (5) Any other notice, advertisement, proclamation,
15    statement, proposal, ordinance or proceedings of an
16    official body or board or any other matter or material that
17    is required by law or by the order of any court to be
18    published in any newspaper.
19    (b) The postings required by this Section are in addition
20to any other posting requirements required by law or ordinance.
21    (c) If a unit of local government or school district fails
22to comply with this Section, then any citizen who is a resident
23of the unit of local government or school district may file
24suit in the circuit court for the county where the unit of
25local government or school district is located. The citizen may
26bring a mandamus or injunction action to compel the unit of

 

 

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1local government or school district to comply with the
2requirements set forth in subsection (a) or (b), as applicable.
3The court may impose any penalty or other sanction as it deems
4appropriate. The court, in its discretion, may also award to
5the citizen bringing the action reasonable attorneys' fees and
6costs.
7    (d) No home rule unit may adopt posting requirements that
8are less restrictive than this Section. This Section is a
9limitation under subsection (i) of Section 6 of Article VII of
10the Illinois Constitution on the concurrent exercise by home
11rule units of powers and functions exercised by the State.
12    (e) All local records required to be posted under this
13Section shall remain posted on the entity's website, or
14subsequent websites, in perpetuity.
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.39 as follows:
 
17    (30 ILCS 805/8.39 new)
18    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by this amendatory Act of
21the 99th General Assembly.
 
22    Section 97. Severability. The provisions of this Act are
23severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.