HB4108 96TH GENERAL ASSEMBLY

LRB096 08443 RLJ 18560 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4108

Introduced 2/27/2009, by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Initiative Sunshine Act. Defines "gubernatorial or legislative member initiatives". Provides that the Illinois State Comptroller's Office shall create and maintain a searchable database website to provide information concerning initiative recipients.

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 25

Section 25-5. Purpose. The purpose of this Article is to provide full and complete disclosure to the public of the recipients of gubernatorial and legislative member initiatives. The database shall also serve as a warning to initiative recipients that the misuse of public funds will not be tolerated by the State.

Section 25-10. Definitions. In this Article:

"Recoverable grants" means grant money to an initiative recipient that has been determined, in accordance with applicable State law and rule, to be refundable to the State.

"Searchable database website" means a website that allows the public to (i) search the database by name of initiative recipient, initiative sponsor, funding agency, and location of performed and recoverable grants; and (ii) download data included in item (i), including outcomes from searches. The database website (A) 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; and (B) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements.

Section 25-15. Initiative recipient database. Beginning on July 1, 2010, the Illinois Comptroller's Office shall create and maintain a searchable database website containing information concerning initiative recipients. The database shall include for each initiative recipient:

(1) the name of the initiative recipient and initiative sponsor;

(2) the amount of the gubernatorial or legislative member initiative;

(3) the funding agency and the funding source;

(4) the purpose of each initiative;

(5) the location of the initiative recipient and the primary location of the performance of the initiative;

(6) any recoverable grants; and

(7) any other relevant information.