SB1345 96TH GENERAL ASSEMBLY

LRB096 08042 JAM 18148 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1345

Introduced 2/10/2009, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-8.5 new
20 ILCS 3005/9.3 new

Amends the Election Code. Prohibits campaign contributions to General Assembly members from recipients of their legislative member initiatives for 5 years after initial disbursement of moneys. Amends the Governor's Office of Management and Budget Act. Requires GOMB to establish a single updated searchable database website accessible by the public at no cost that includes information concerning each entity that receives Illinois funding. Requires GOMB to report to the General Assembly concerning the website. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Election Code is amended by adding Section 9-8.5 as follows:

(10 ILCS 5/9-8.5 new)

Sec. 9-8.5. Prohibited contributions.

(a) For the purposes of this Section, "legislative member initiative" is defined as provided in Section 9.3 of the Governor's Office of Management and Budget Act.

(b) A political committee organized by or on behalf of a State Senator or State Representative may not accept a contribution from the recipient of that Senator's or Representative's legislative member initiative for 5 years beginning on the date of first disbursement of moneys under that initiative to that recipient.

(c) A contribution accepted in violation of this Section shall escheat to the State and be deposited into the State treasury.

Section 10. 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, 2010 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;

(F) with respect to moneys disbursed pursuant to a legislative member initiative, the identity of both the Legislative District and the Representative District of the General Assembly member pursuant to whose initiative the moneys were appropriated; and

(G) any other relevant information.

(2) Initial data. Beginning July 1, 2010, the website shall include data for fiscal years 2009 and 2010.

(3) Previous fiscal years. Not later than July 1, 2012, information required by this Section shall be posted on the website for fiscal years 1999 through 2008.

(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, 2011, 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) Legislative member initiative. The term "legislative member initiative" means an appropriation for a grant or distribution 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. Appropriations that are part of a statewide program and are based on generally applicable standards of eligibility are not legislative member initiatives. "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.

(4) 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, by Legislative District and Representative District numbers, 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.