HB3895sam001 97TH GENERAL ASSEMBLY

Sen. Dan Duffy

Filed: 5/7/2012

09700HB3895sam001 LRB097 15025 KMW 69235 a

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 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 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 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 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.".