HB0003eng 95TH GENERAL ASSEMBLY

HB0003 Engrossed LRB095 03787 RCE 23817 b

AN ACT concerning finance.

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

Section 5. The Governor's Office of Management and Budget Act is amended by adding Section 9.3 as follows:

(20 ILCS 3005/9.3 new)

Sec. 9.3. Illinois Funding Accountability and Transparency Law.

(a) In General:

(1) Website. Beginning July 1, 2008 and subject to paragraphs (2) and (3), the Governor's Office of Management and Budget (GOMB) shall ensure the existence and operation of a single updated searchable database website accessible by the public at no cost that includes for each entity receiving Illinois funding:

(A) the name of the entity;

(B) the amount of any Illinois funds that the entity has received in each of the last 10 fiscal years;

(C) an itemized breakdown of each transaction, including funding agency, program source, and a description of the purpose of each funding action;

(D) the location of the entity and primary location of performance, including the city, state, and country and, if in Illinois, the Representative District;

(E) a unique identifier for each such entity and parent entity, should the entity be owned by another entity; and

(F) any other relevant information.

(2) Initial data. Beginning July 1, 2008, the website shall include data for fiscal years 2007 and 2008.

(3) Previous fiscal years. Not later than July 1, 2010, information required by this Section shall be posted on the website for fiscal years 1999 through 2006.

(b) Definitions. In this Section:

(1) Entity. The term "entity":

(A) includes:

(i) a corporation;

(ii) an association;

(iii) a partnership;

(iv) a limited liability company;

(v) a limited liability partnership;

(vi) any other legal business entity;

(vii) grantees, contractors, and, on and after January 1, 2009, subgrantees and subcontractors; and

(viii) any unit of local government, school district, or other state or federal governmental unit; but

(B) does not include:

(i) an individual recipient of Illinois or federal assistance;

(ii) a State employee; or

(iii) a grant or contract of such a nature that its disclosure could reasonably be expected to cause damage to homeland security.

(2) Illinois funding. The term "Illinois funding":

(A) means Illinois financial assistance and expenditures, which include grants, contracts, subgrants, subcontracts, loans, awards, and other forms of financial assistance; but

(B) does not include credit card transactions or minor purchases.

(3) Searchable database website. The term "searchable database website" means a website that allows the public to:

(A) search Illinois funding by name of entity, parent entity, or type of industry, by geography, including location of the entity and the primary location of the performance, by amounts and types of Illinois funding, by program sources, by type of activity being performed, by time factors such as fiscal years or multiple fiscal years, and by other relevant information; and

(B) download data included in subparagraph (A), including outcomes from searches.

(c) Website. The database website established by this Section:

(1) shall not be considered in compliance if it relies upon links to other existing websites and databases, unless each of those sites has information from all agencies and each category of information required to be itemized can be searched electronically by field in a single search;

(2) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements; and

(3) shall be updated not later than 30 days after the award of any assistance requiring a posting.

(d) GOMB responsibilities. The Director of GOMB shall provide guidance to agency heads to ensure compliance with this Section.

(e) Report. By March 1 of each year, the Director of GOMB shall report to the General Assembly on implementation and operation of the website, which shall include data about the usage and public feedback on the utility of the site, including recommendations for improvements. The annual report shall be made publicly available on the website.

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