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.



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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 


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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 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 located 
9in a county with a population of 100,000 or more shall, within 
1090 days of the effective date of this amendatory Act of the 
1198th General Assembly, maintain an Internet website and post to 
12its website for the current calendar year the following 
13information:
14  (1) The contact information, including the phone 
15 number and e-mail address, for all elected and appointed 
16 officials, the Freedom of Information Officer, the chief 
17 administrator, and the head administrator for each 
18 department. 
19  (2) The agenda, board packets, and any other prepared 
20 materials, except those related to testimony, of all 
21 regular meetings shall be posted at least 48 hours before a 
22 meeting. The agenda, board packets, and any other prepared 
23 materials, except those related to testimony, of all 
 
 
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1 special or emergency meetings shall be posted at least 24 
2 hours before a meeting. The posting shall indicate if the 
3 agendas are in draft form. The minutes from any regular or 
4 special meeting shall be posted within 48 hours of 
5 approval. All materials related to testimony shall be 
6 posted within 48 hours of presentation.
7  (3) In accordance with the Freedom of Information Act, 
8 the procedure for requesting information from the unit of 
9 local government or school district.
10  (4) The ordinances under which the unit of local 
11 government or school district operates, including any 
12 future changes thereto.
13  (5) Any other notice, advertisement, proclamation, 
14 statement, proposal, ordinance or proceedings of an 
15 official body or board or any other matter or material that 
16 is required by law or by the order of any court to be 
17 published in any newspaper. 
18 (b) The postings required by this Section are in addition 
19to any other posting requirements required by law or ordinance. 
20 (c) If a unit of local government or school district fails 
21to comply with this Section, then any citizen who is a resident 
22of the unit of local government or school district may file 
23suit in the circuit court for the county where the unit of 
24local government or school district is located. The citizen may 
25bring a mandamus or injunction action to compel the unit of 
26local government or school district to comply with the 
 
 
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1requirements set forth in subsection (a) or (b), as applicable. 
2The court may impose any penalty or other sanction as it deems 
3appropriate. The court, in its discretion, may also award to 
4the citizen bringing the action reasonable attorneys' fees and 
5costs.
6 (d) No home rule unit may adopt posting requirements that 
7are less restrictive than this Section. This Section is a 
8limitation under subsection (i) of Section 6 of Article VII of 
9the Illinois Constitution on the concurrent exercise by home 
10rule units of powers and functions exercised by the State.
11 (e) All local records required to be posted under this 
12Section shall remain posted on the entity's website, or 
13subsequent websites, in perpetuity. 


14 Section 90. The State Mandates Act is amended by adding 
15Section 8.38 as follows:

16 (30 ILCS 805/8.38 new)
17 Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 
18of this Act, no reimbursement by the State is required for the 
19implementation of any mandate created by this amendatory Act of 
20the 98th General Assembly.

21 Section 97. Severability. The provisions of this Act are 
22severable under Section 1.31 of the Statute on Statutes.

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