093_HB2921

 
                                     LRB093 07162 RCE 07317 b

 1        AN ACT concerning legislative member initiatives.

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

 4        Section  5.  The  State  Finance Act is amended by adding
 5    Section 13.5 as follows:

 6        (30 ILCS 105/13.5 new)
 7        Sec.    13.5.  Limitations    on    legislative    member
 8    initiatives.
 9        (a)  Unless it complies with this  Section,  a  purported
10    appropriation   of  State  funds  for  a  legislative  member
11    initiative is not a valid appropriation. No State  funds  may
12    be  expended  for  a legislative member initiative unless the
13    appropriation for that legislative member initiative complies
14    with this Section.
15        (b)  Each  appropriation   for   a   legislative   member
16    initiative  must  be  by  a separate line item appropriation.
17    That line item must fully  describe  the  legislative  member
18    initiative, including without limitation the entity that will
19    receive  the  benefit  of the expenditure, the purpose of the
20    expenditure, the specific location of the  project,  and  the
21    Legislative District and Representative District in which the
22    project  is  located. No legislative member initiative may be
23    funded through a lump sum appropriation.
24        (c)  Neither house of the General Assembly  may  consider
25    for  passage  any  bill  containing  an  appropriation  for a
26    legislative member initiative unless at least 3 calendar days
27    before consideration for passage (i) there is  on  file  with
28    the  Bureau  of  the  Budget  an  application  of  an  entity
29    requesting  that  legislative member initiative and (ii) that
30    complete application is posted on a web  site  maintained  by
31    the  Bureau of the Budget. The application must enumerate the
 
                            -2-      LRB093 07162 RCE 07317 b
 1    funds requested, the name and address of the  applicant,  the
 2    specific  location  (including  the  Legislative District and
 3    Representative  District)  that  would   benefit   from   the
 4    expenditure  of  the  funds,  the  purpose  of  the  proposed
 5    expenditure,  any alternate avenues for funding that might be
 6    available  to  the  applicant  if  the   legislative   member
 7    initiative   is  not  approved,  and  any  other  information
 8    required by  the  Bureau  of  the  Budget.  As  part  of  the
 9    application,  the  applicant  must  disclaim  any  intent  to
10    re-transfer  the  funds  to a third party and must consent to
11    full and complete audits of any  program  that  will  benefit
12    from  the  funds.  Any  person who knowingly re-transfers any
13    legislative member initiative funds is guilty of  a  Class  A
14    misdemeanor.  The  web  site  maintained by the Bureau of the
15    Budget must provide easy access to the information  contained
16    in  the  applications by Legislative District, Representative
17    District, address  of  the  project,  applicant's  name,  and
18    otherwise.  The Auditor General is directed to randomly audit
19    legislative member initiative funds,  their  expenditure  for
20    the stated purpose of the appropriation, the effectiveness of
21    the expenditure in accomplishing that stated purpose, and, if
22    the  legislative  member initiative is in the form of a loan,
23    the ability of the recipient to repay the loan.
24        (d)  "Legislative    member    initiative"    means    an
25    appropriation  for  a  grant,  distribution,  or  loan  to  a
26    specific unit of local government, specific school  district,
27    specific    not-for-profit    organization,    or    specific
28    non-governmental  entity  for  infrastructure improvements or
29    operating  expenses.  Appropriations  that  are  part  of   a
30    statewide  program  and  are  based  on  generally applicable
31    standards  of  eligibility   are   not   legislative   member
32    initiatives.  "Infrastructure  improvements"  include without
33    limitation capital improvements, capital projects,  planning,
34    construction, reconstruction, equipment, utilities, vehicles,
 
                            -3-      LRB093 07162 RCE 07317 b
 1    and all costs associated with economic development, community
 2    programs,  educational  programs,  public  health, and public
 3    safety.
 4        (e)  The purpose of this Section is to require  full  and
 5    complete disclosure during the appropriation process of State
 6    expenditures   that   are  primarily  for  a  specific  local
 7    community within a  Legislative  District  or  Representative
 8    District.  This  Section  shall  be  liberally  construed  to
 9    effectuate its purpose.

10        Section  99.  Effective  date. This Act takes effect upon
11    becoming law.