HB4214 103RD GENERAL ASSEMBLY

LRB103 35177 JDS 65149 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4214

Introduced 11/7/2023, by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

25 ILCS 10/20

Amends the General Assembly Operations Act. Requires the Legislative Budget Oversight Commission to meet 2 weeks after the effective date of the amendatory Act and quarterly thereafter. Extends the repeal date of the Act's provisions concerning the Commission from July 1, 2024 to July 1, 2026. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The General Assembly Operations Act is amended by changing Section 20 as follows:

(25 ILCS 10/20)

(Section scheduled to be repealed on July 1, 2024)

Sec. 20. Legislative Budget Oversight Commission.

(a) The General Assembly hereby finds and declares that the State is confronted with an unprecedented fiscal crisis. In light of this crisis, and the challenges it presents for the budgeting process, the General Assembly hereby establishes the Legislative Budget Oversight Commission. The purpose of the Commission is: to monitor budget management actions taken by the Office of the Governor or Governor's Office of Management and Budget; to oversee the distribution and expenditure of federal financial relief for State and local governments related to the COVID-19 pandemic; and to advise and review planned expenditures of State and federal grants for broadband projects.

(b) At the request of the Commission, units of local governments and State agency directors or their respective designees shall report to the Commission on the status and distribution of federal CARES money and any other federal financial relief related to the COVID-19 pandemic.

(c) In anticipation of constantly changing and unpredictable economic circumstances, the Commission will provide a means for the Governor's Office and the General Assembly to maintain open communication about necessary budget management actions during these unprecedented times. Beginning August 15, 2020, the Governor's Office of Management and Budget shall submit a monthly written report to the Commission reporting any budget management actions taken by the Office of the Governor, Governor's Office of Management and Budget, or any State agency. At the call of one of the co-chairs, the Governor or his or her designee shall give a report to the Commission and each member thereof. The report shall be given either in person or by telephonic or videoconferencing means. The report shall include:

(1) any budget management actions taken by the Office of the Governor, Governor's Office of Management and Budget, or any agency or board under the Office of the Governor in the prior quarter;

(2) year-to-date general funds revenues as compared to anticipated revenues;

(3) year-to-date general funds expenditures as compared to the Fiscal Year 2021 budget as enacted;

(4) a list, by program, of the number of grants awarded, the aggregate amount of such grant awards, and the aggregate amount of awards actually paid with respect to all grants awarded from federal funds from the Coronavirus Relief Fund in accordance with Section 5001 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act or from the Coronavirus State Fiscal Recovery Fund in accordance with Section 9901 of the federal American Rescue Plan Act of 2021, which shall identify the number of grants awarded, the aggregate amount of such grant awards, and the aggregate amount of such awards actually paid to grantees located in or serving a disproportionately impacted area, as defined in the program from which the grant is awarded; and

(5) any additional items reasonably requested by the Commission.

(c-5) Any plans, responses to requests, letters of intent, application materials, or other documents prepared on behalf of the State describing the State's intended plan for distributing grants pursuant to Division F of the Infrastructure Investment and Jobs Act must be, to the extent practical, provided to the Legislative Budget Oversight Commission for review at least 30 days prior to submission to the appropriate federal entity. If plans, responses to requests, letters of intent, application materials, or other documents prepared on behalf of the State describing the State's plan or goals for distributing grants pursuant to Division F of the Infrastructure Investment and Jobs Act cannot practically be given the Legislative Budget Oversight Commission 30 days prior to submission to the appropriate federal entity, the materials shall be provided to the Legislative Budget Oversight Commission with as much time for review as practical. All documents provided to the Commission shall be made available to the public on the General Assembly's website. However, the following information shall be redacted from any documents made available to the public: (i) information specifically prohibited from disclosure by federal or State law or federal or State rules and regulations; (ii) trade secrets; (iii) security sensitive information; and (iv) proprietary, privileged, or confidential commercial or financial information from a privately held person or business which, if disclosed, would cause competitive harm. Members of the public and interested parties may submit written comments to the Commission for consideration. Prior to the State's submission to the appropriate federal entity pursuant to this subsection, the Commission shall conduct at least one public hearing during which members of the public and other interested parties may file written comments with and offer testimony before the Commission. After completing its review and consideration of any such testimony offered and written public comments received, the Commission shall submit its written comments and suggestions to the Governor or designated State entity responsible for administering the grant programs under Division F of the Infrastructure Investment and Jobs Act on behalf of the State. The Governor, or designated State entity responsible for administering the grant programs pursuant to Division F of the Infrastructure Investment and Jobs Act, must consider comments and suggestions provided by the members of the Legislative Budget Oversight Commission and members of the public.

(c-10) At the request of the Commission, the Governor or the designated State entity responsible for administering programs under Division F of the Infrastructure Investment and Jobs Act on behalf of the State must report on the grants issued by the State pursuant to the programs under Division F of the Infrastructure Investment and Jobs Act.

(d) The Legislative Budget Oversight Commission shall consist of the following members:

(1) 7 members of the House of Representatives appointed by the Speaker of the House of Representatives;

(2) 7 members of the Senate appointed by the Senate President;

(3) 4 members of the House of Representatives appointed by the Minority Leader of the House of Representatives; and

(4) 4 members of the Senate appointed by the Senate Minority Leader.

(e) The Speaker of the House of Representatives and the Senate President shall each appoint one member of the Commission to serve as a co-chair. The members of the Commission shall serve without compensation.

(e-5) The Commission shall meet 2 weeks after the effective date of this amendatory Act of the 103rd General Assembly and quarterly thereafter.

(f) As used in this Section:

"Budget management action" means any fund transfer directed by the Governor or the Governor's Office of Management and Budget, designation of appropriation lines as reserve, or any other discretionary action taken with regard to the budget as enacted;

"State agency" means all officers, boards, commissions, departments, and agencies created by the Constitution, by law, by Executive Order, or by order of the Governor in the Executive Branch, other than the Offices of the Attorney General, Secretary of State, Comptroller, or Treasurer.

(g) This Section is repealed July 1, 2026 2024.

(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)

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