Bill Text: IL SB3291 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3291 Detail]

Download: Illinois-2013-SB3291-Introduced.html

---

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.
LRB098 16855 JLK 55132 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
SB3291 LRB098 16855 JLK 55132 b
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

SB3291 - 2 - LRB098 16855 JLK 55132 b
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

SB3291 - 3 - LRB098 16855 JLK 55132 b
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

SB3291 - 4 - LRB098 16855 JLK 55132 b
becoming law.