Full Text of HB3895 97th General Assembly
HB3895sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 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 that has | 9 | | an Internet website must post on its website for the current | 10 | | calendar or fiscal year, as the case may be, and the 4 years | 11 | | immediately before that calendar or fiscal year any budget, | 12 | | financial audit, audit schedule, or special project report, | 13 | | including without limitation the comprehensive annual | 14 | | financial report, performance audits, and reports required | 15 | | under the Tax Increment Allocation Redevelopment Act in the | 16 | | Illinois Municipal Code. All reports should include the |
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| 1 | | following: | 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 | 18 | | legislation, each unit of local government or school district | 19 | | shall develop, maintain, and make publicly available a single, | 20 | | searchable expenditure and revenue web site database that | 21 | | allows the public, at no cost, to review information concerning | 22 | | moneys collected and expended by the unit of local government | 23 | | or school district. The web site database shall include the | 24 | | following data concerning all expenditures made by the unit of | 25 | | local 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 | 16 | | structured data format that may be downloaded by the user and | 17 | | allows the user to systematically sort, search, and access all | 18 | | data. The web site database shall contain only information that | 19 | | is a public record or that is not confidential or otherwise | 20 | | protected from public disclosure pursuant to State or federal | 21 | | law. | 22 | | The unit of local government or school district shall | 23 | | update the financial data contained on the web site database at | 24 | | least monthly, and archive the financial data, which shall | 25 | | remain accessible and searchable on the web site database. The | 26 | | database must be easily accessible from the main page of the |
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| 1 | | unit of local government or school district's web site. The | 2 | | unit of local government or school district shall create and | 3 | | make easily accessible an automated Rich Site Summary (RSS) | 4 | | feed or other similar free service to which users of the web | 5 | | site database may subscribe for notification of updates to the | 6 | | database. | 7 | | (c) The information required to be posted under subsection | 8 | | (a) must be easily accessible from the unit of local | 9 | | government's or school district's home page and searchable. | 10 | | (d) The postings required by this Section are in addition | 11 | | to any other posting requirements required by law or ordinance. | 12 | | (e) If a unit of local government or school district fails | 13 | | to comply with this Section, then any citizen who is a resident | 14 | | of the unit of local government or school district may file | 15 | | suit in the circuit court for the county where the unit of | 16 | | local government or school district is located. The citizen may | 17 | | bring a mandamus action to compel the unit of local government | 18 | | or school district to comply with the requirements set forth in | 19 | | subsection (a). The court may impose any penalty or other | 20 | | sanction as it deems appropriate. The court, in its discretion, | 21 | | may also award to the citizen bringing the action reasonable | 22 | | attorneys' fees and costs. | 23 | | (f) 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 | | Section 90. The State Mandates Act is amended by adding | 3 | | Section 8.36 as follows: | 4 | | (30 ILCS 805/8.36 new) | 5 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 6 | | of this Act, no reimbursement by the State is required for the | 7 | | implementation of any mandate created by this amendatory Act of | 8 | | the 97th General Assembly. | 9 | | Section 97. Severability. The provisions of this Act are | 10 | | severable under Section 1.31 of the Statute on Statutes. | 11 | | Section 999. Effective date. This Act takes effect upon | 12 | | becoming law.".
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