HB4105 96TH GENERAL ASSEMBLY

LRB096 08445 RLJ 18562 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4105

Introduced 2/27/2009, by Rep. Bob Biggins

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Initiative Sunshine Act. Defines "gubernatorial or legislative member initiatives". Provides that executive branch State agencies processing initiatives must establish and maintain a file for all applications. Specifies the information an agency must obtain during the application or review process. Provides that an agency that processes grants shall develop guidelines and monitoring procedures. Specifies the required guidelines and procedures. Provides for public disclosure of grant information.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

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

Article 1

Section 1-1. Short title. This Act may be cited as the Local Initiative Sunshine Act. If more than one new Act of the 96th General Assembly is given the same short title, then all of those Acts are intended to be codified as a single Act.

Section 1-5. Definitions. In this Act:

"Gubernatorial or legislative member initiative" means a grant from State funds to a specific unit of local government, specific school district, specific not-for-profit organization, or specific non-governmental entity for infrastructure improvements or operating expenses. Grants that are part of a statewide program and are based on generally applicable standards of eligibility are not gubernatorial or legislative member initiatives, unless the grant has been requested or initiated by the Governor or a member of the Illinois General Assembly.

"Infrastructure improvements" include without limitation capital improvements, capital projects, planning, construction, reconstruction, equipment, utilities, vehicles, and all costs associated with economic development, community programs, educational programs, public health, and public safety.

"Initiative sponsor", with respect to each gubernatorial or legislative member initiative, include the Governor and each member of the General Assembly designated in the grant application as having requested or initiated the grant.

"Initiative recipient" means an individual or entity that is designated to receive or receives a gubernatorial or legislative member initiative. For purposes of disclosure under Section 5-10, the term also includes (i) the immediate family of an individual who is an initiative recipient; and (ii) in the case of an entity that is an initiative recipient, the term also includes board members, owners with an equity interest of at least 7.5%, and managerial employees of the entity, the immediate family of each, and its parent, subsidiary, and affiliate entities.

Article 10

Section 10-5. Initiative sponsors; identification. Each application for a gubernatorial and legislative member initiative must identify its initiative sponsors in writing.

Section 10-10. Initiative file. All executive branch State agencies processing gubernatorial or legislative member initiatives shall establish and maintain a comprehensive file for each initiative that includes all information submitted, obtained, or reviewed in connection with the initiative. The file shall include documentation of all communications by the agency with any person regarding the initiative. The entire file must be made available to the public through a State website.

Section 10-15. Application review.

(a) Executive branch State agencies shall obtain information from the initiative recipient demonstrating that public funds will be used for a legitimate public purpose. The application and review process shall include the identification of the following:

(1) the public benefit from the program or service;

(2) the need for the program or service;

(3) the beneficiaries of the program or service;

(4) the number of individuals to benefit from the program or service;

(5) a budget consisting of a comprehensive financial plan for the expenditure of public funds including payment of any compensation to any individuals hired to perform services under the initiative;

(6) an explanation of the delivery of the program or service; and

(7) the benchmarks and outcomes for the funding.

(b) Executive branch State agencies shall obtain information from the initiative recipient demonstrating that the initiative recipient is qualified to provide the services for which funding is requested. The application shall include:

(1) the applicant's qualifications and credentials;

(2) the applicant's prior experience;

(3) the applicant's financial information including, but not limited to, tax arrearages, child support, and educational loans; and

(4) the financial structure of the applicant including, but not limited to, bank accounts and credit history.

Section 10-20. Guidelines and monitoring procedures.

(a) Any executive branch State agency processing gubernatorial or legislative member initiatives shall develop program guidelines and monitoring procedures that include, at a minimum:

(1) a required reporting of the expenditure of initiative funds; and

(2) a review of grant performance.

(b) Subsequent to a grant award, and throughout the term of the grant agreement, the agency shall include in the grant file all information submitted, obtained, or reviewed in connection with monitoring the grant recipient's compliance with the grant agreement, including documentation of all communications with any person, and all of that information must be made available to the public through a State website.

(c) Agencies shall develop procedures to ensure the timely initiation of statutory procedures to recover misspent funds.