95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5891


 
Introduced , by Rep. Jim Durkin
 
SYNOPSIS AS INTRODUCED:
 		








   



30 ILCS 105/13.6 new




30 ILCS 105/13.7 new











    Amends the State Finance Act. Provides that each appropriation for a legislative member initiative must be by a separate line item appropriation that fully describes the legislative member initiative. Provides that no legislative member initiative may be funded through a lump sum appropriation. Provides that an appropriation for a legislative member initiative or a capital improvement is released and available for expenditure as a matter of law; and authorizes enforcement by mandamus maintained by any member of the General Assembly. Defines "legislative member initiative" and "capital improvement".
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5891

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    AN ACT concerning finance.

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


 
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    Section 5.  The State Finance Act is amended by adding 
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Sections 13.6 and 13.7  as
follows:


 



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    (30 ILCS 105/13.6 new)




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    Sec. 13.6. Appropriations for legislative member

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initiatives.

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    (a) Each appropriation for a legislative member initiative 
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must be by a
separate line item appropriation. That line item 
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must fully describe the
legislative member initiative, 
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including without limitation the name of  the member of the 
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General Assembly who requested the initiative, the name of  the 
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entity that
will receive the benefit of the expenditure, the 
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purpose of the expenditure,
the specific location of the 
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project, and the Legislative District and
Representative 
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District in which the project is located. No
legislative member 
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initiative may be funded through a lump sum appropriation.
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    (b) Unless it complies with subsection (a), a purported 
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appropriation of State
funds for a legislative member 
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initiative is not a valid appropriation. No
State funds may be 
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expended for a legislative member initiative unless the

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appropriation for that legislative member initiative complies 
 


 






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with subsection (a).


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    (c) "Legislative member initiative" means an appropriation 
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for a grant or
distribution to a specific unit of local 
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government, specific school district,
specific not-for-profit 
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organization, or specific non-governmental entity for

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infrastructure improvements or operating expenses. 
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Appropriations that are part
of a statewide program and are 
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based on generally applicable standards of
eligibility are not 
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legislative member initiatives. "Infrastructure
improvements" 
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include without limitation capital improvements, capital

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projects, planning, construction, reconstruction, equipment, 
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utilities,
vehicles, and all costs associated with economic 
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development, community
programs, educational programs, public 
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health, and public safety.

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    (d) The purpose of this Section is to require full and 
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complete
disclosure during the appropriation process of State 
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expenditures that are
primarily for a specific local community 
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within a Legislative District or
Representative District. This 
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Section shall be liberally construed to
effectuate its purpose.


 
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    (30 ILCS 105/13.7 new)

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    Sec. 13.7. Availability of funds for legislative member 
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initiatives and capital improvements.
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    (a) An appropriation for a legislative member initiative or 
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for a capital improvement is released and available for 
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expenditure as a matter of law in the fiscal year for which it 
 


 






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was appropriated without any further approval or 
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authorization.
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    (b) "Legislative member initiative" means that term as 
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defined in Section 13.6. "Capital improvement" means roads, 
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bridges, buildings, recreational, and conservation facilities, 
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and any other infrastructure facilities.
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    (c) The purpose of this Section is to ensure that the 
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intention of the General Assembly expressed in laws making 
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appropriations for legislative member initiatives and capital 
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improvements  is carried out by releasing appropriated funds and 
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making those funds available for expenditure absent a clear and 
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convincing reason that is  based strictly on sound governmental 
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practices and that is  not at all based on a  personal or  
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political motivation. This Section shall be liberally 
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construed to effectuate its purpose.
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    (d) This Section is enforceable by a mandamus action in the 
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circuit court maintained by any member of the General Assembly.