Bill Text: IL HB3895 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Fox River Water Reclamation District shall be elected, rather than appointed, beginning with the 2012 general election. Sets forth requirements concerning the number of trustees to be elected and length of terms.

Sponsorship: Slight Partisan Bill (Republican 6-2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3895 Detail]

Download: Illinois-2011-HB3895-Amended.html

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Sen. Dan Duffy

Filed: 5/7/2012

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AMENDMENT TO HOUSE BILL 3895
AMENDMENT NO. ______. Amend House Bill 3895 by replacing
everything after the enacting clause with the following:
"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 that has
an Internet website must post on its website for the current
calendar or fiscal year, as the case may be, and the 4 years
immediately before that calendar or fiscal year 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

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following:
(i) All actual revenues and expenditures for at least
the 4 previous fiscal years. Any report focusing on any
subset of the Total shall specify that only partial amounts
are shown and identify the Total amount and the nature of
items not included in the report.
(ii) Revenues shall be broken out by source, including
but not limited to, the broad categories of local, State,
and federal tax dollars.
(iii) Expenditures should be separated into current
operating, capital, and debt service.
(iv) Expenditure summaries for units of local
government shall include the per-resident calculation for
comparison to other governmental bodies. For schools, a
per-pupil calculation shall be included, and shall be made
based on full-time equivalent enrollment.
(b) No later than one year from the enactment of this
legislation, each unit of local government or school district
shall develop, maintain, and make publicly available a single,
searchable expenditure and revenue web site database that
allows the public, at no cost, to review information concerning
moneys collected and expended by the unit of local government
or school district. The web site database shall include the
following data concerning all expenditures made by the unit of
local government or school district:
(i) the name and principal location or address of the

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entity receiving moneys, except that information
concerning a payment to an employee of the unit of local
government or school district shall identify the
individual employee by name and business address or
location only;
(ii) the amount of expended moneys;
(iii) the funding source of the expended moneys;
(iv) the date of the expenditure;
(v) the name of the budget program, activity, or
category supporting the expenditure;
(vi) a description of the purpose for the expenditure;
and
(vii) to the extent possible, a unique identifier for
each expenditure.
The expenditure data shall be provided in an open
structured data format that may be downloaded by the user and
allows the user to systematically sort, search, and access all
data. The web site database shall contain only information that
is a public record or that is not confidential or otherwise
protected from public disclosure pursuant to State or federal
law.
The unit of local government or school district shall
update the financial data contained on the web site database at
least monthly, and archive the financial data, which shall
remain accessible and searchable on the web site database. The
database must be easily accessible from the main page of the

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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 or other similar free service 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
(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 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

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rule units of powers and functions exercised by the State.
Section 90. The State Mandates Act is amended by adding
Section 8.36 as follows:
(30 ILCS 805/8.36 new)
Sec. 8.36. 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 97th General Assembly.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.".