HB4106 96TH GENERAL ASSEMBLY

LRB096 08440 RLJ 18557 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4106

Introduced 2/27/2009, by Rep. Darlene J. Senger

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Initiative Sunshine Act. Defines "gubernatorial or legislative member initiative". Creates the Local Initiative Review Board. Authorizes the Board to review initiatives for compliance with applicable State laws, rules, and practices governing the award and monitoring of gubernatorial and legislative member initiatives. Sets forth the membership of the Board. Provides for review and comment upon proposed agency rulemaking.

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 15

Section 15-5. Independent Initiative Review Board.

(a) Creation. The Local Initiative Review Board is created as an agency of the State of Illinois.

(b) Authority and duties. The Board has the authority and duty to review gubernatorial and legislative member initiatives for compliance with applicable State laws, rules, and practices governing the application or request for, award of, management of, and monitoring of gubernatorial and legislative member initiatives.

(c) Reviews. The Board may review, study, and hold public hearings concerning the implementation and administration of this Article. Each executive branch State agency shall cooperate with the Board, provide information to the Board, and be responsive to the Board in the Board's conduct of its reviews, studies, and hearings. All of the reviews, studies, and hearings and the Board's comments thereon concerning initiatives must be made available to the public on a State website.

(d) Members. The Board shall consist of 5 members appointed one each by the 4 legislative leaders and the Governor. Each member shall have demonstrated sufficient business or professional experience in the area of financial controls and sound business practices to perform the functions of the Board. No member of the Board may be a member of the General Assembly.

(e) Terms. Of the initial appointees, the appointee of the Governor shall serve a one-year term, the appointees of the President of the Senate and the Speaker of the House shall each serve 3-year terms, and the appointees of the Minority Leader of the House and the Minority Leader of the Senate shall each serve 2-year terms. Subsequent terms shall be for 4 years. Members may be reappointed for succeeding terms. The Board shall annually elect a chairman.

(f) Reimbursement. Members shall receive no compensation but shall be reimbursed for any expenses reasonably incurred in the performance of their duties from appropriations for those purposes.

(g) Staff support. Upon a three-fifths vote of its members and subject to appropriation, the Board may employ an executive director. Subject to appropriation, the Board also may employ a reasonable and necessary number of staff persons.

(h) Meetings. Meetings of the Board may be conducted telephonically, electronically, or through the use of other telecommunications. Written minutes of meetings must be created and available for public inspection and copying.

Section 15-10. Comments on proposed rules. At least 30 days before initiating rulemaking under the Illinois Administrative Procedure Act, each executive branch State agency must promptly notify the Board in writing of any proposed new rule or policy or any proposed change in an existing rule or policy that would affect the administration of gubernatorial and legislative member initiatives. The Board may comment in writing. Each State agency must respond promptly in writing to all inquiries and comments of the Board.