HB3101 - 104th General Assembly
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| 1 | AN ACT concerning State government. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The General Assembly Operations Act is amended | |||||||||||||||||||
| 5 | by reenacting and changing Section 20 as follows: | |||||||||||||||||||
| 6 | (25 ILCS 10/20) | |||||||||||||||||||
| 7 | Sec. 20. Legislative Budget Oversight Commission. | |||||||||||||||||||
| 8 | (a) The General Assembly hereby finds and declares that | |||||||||||||||||||
| 9 | the State is confronted with an unprecedented fiscal crisis. | |||||||||||||||||||
| 10 | In light of this crisis, and the challenges it presents for the | |||||||||||||||||||
| 11 | budgeting process, the General Assembly hereby establishes the | |||||||||||||||||||
| 12 | Legislative Budget Oversight Commission. The purpose of the | |||||||||||||||||||
| 13 | Commission is: to monitor budget management actions taken by | |||||||||||||||||||
| 14 | the Office of the Governor or Governor's Office of Management | |||||||||||||||||||
| 15 | and Budget; to oversee the distribution and expenditure of | |||||||||||||||||||
| 16 | federal financial relief for State and local governments | |||||||||||||||||||
| 17 | related to the COVID-19 pandemic; and to advise and review | |||||||||||||||||||
| 18 | planned expenditures of State and federal grants for broadband | |||||||||||||||||||
| 19 | projects. | |||||||||||||||||||
| 20 | (b) (Blank). At the request of the Commission, units of | |||||||||||||||||||
| 21 | local governments and State agency directors or their | |||||||||||||||||||
| 22 | respective designees shall report to the Commission on the | |||||||||||||||||||
| 23 | status and distribution of federal CARES money and any other | |||||||||||||||||||
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| 1 | federal financial relief related to the COVID-19 pandemic. | ||||||
| 2 | (c) In anticipation of constantly changing and | ||||||
| 3 | unpredictable economic circumstances, the Commission will | ||||||
| 4 | provide a means for the Governor's Office and the General | ||||||
| 5 | Assembly to maintain open communication about necessary budget | ||||||
| 6 | management actions during these unprecedented times. The | ||||||
| 7 | Beginning August 15, 2020, the Governor's Office of Management | ||||||
| 8 | and Budget shall submit a monthly written report to the | ||||||
| 9 | Commission reporting any budget management actions taken by | ||||||
| 10 | the Office of the Governor, Governor's Office of Management | ||||||
| 11 | and Budget, or any State agency. At the call of one of the | ||||||
| 12 | co-chairs, the Governor or his or her designee shall give a | ||||||
| 13 | report to the Commission and each member thereof. The report | ||||||
| 14 | shall be given either in person or by telephonic or | ||||||
| 15 | videoconferencing means. The report shall include: | ||||||
| 16 | (1) any budget management actions taken by the Office | ||||||
| 17 | of the Governor, Governor's Office of Management and | ||||||
| 18 | Budget, or any agency or board under the Office of the | ||||||
| 19 | Governor in the prior quarter; | ||||||
| 20 | (2) year-to-date general funds revenues as compared to | ||||||
| 21 | anticipated revenues; | ||||||
| 22 | (3) year-to-date general funds expenditures as | ||||||
| 23 | compared to the preceding fiscal year's Fiscal Year 2021 | ||||||
| 24 | budget as enacted; | ||||||
| 25 | (4) (blank); and a list, by program, of the number of | ||||||
| 26 | grants awarded, the aggregate amount of such grant awards, | ||||||
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| 1 | and the aggregate amount of awards actually paid with | ||||||
| 2 | respect to all grants awarded from federal funds from the | ||||||
| 3 | Coronavirus Relief Fund in accordance with Section 5001 of | ||||||
| 4 | the federal Coronavirus Aid, Relief, and Economic Security | ||||||
| 5 | (CARES) Act or from the Coronavirus State Fiscal Recovery | ||||||
| 6 | Fund in accordance with Section 9901 of the federal | ||||||
| 7 | American Rescue Plan Act of 2021, which shall identify the | ||||||
| 8 | number of grants awarded, the aggregate amount of such | ||||||
| 9 | grant awards, and the aggregate amount of such awards | ||||||
| 10 | actually paid to grantees located in or serving a | ||||||
| 11 | disproportionately impacted area, as defined in the | ||||||
| 12 | program from which the grant is awarded; and | ||||||
| 13 | (5) any additional items reasonably requested by the | ||||||
| 14 | Commission. | ||||||
| 15 | (c-5) (Blank). Any plans, responses to requests, letters | ||||||
| 16 | of intent, application materials, or other documents prepared | ||||||
| 17 | on behalf of the State describing the State's intended plan | ||||||
| 18 | for distributing grants pursuant to Division F of the | ||||||
| 19 | Infrastructure Investment and Jobs Act must be, to the extent | ||||||
| 20 | practical, provided to the Legislative Budget Oversight | ||||||
| 21 | Commission for review at least 30 days prior to submission to | ||||||
| 22 | the appropriate federal entity. If plans, responses to | ||||||
| 23 | requests, letters of intent, application materials, or other | ||||||
| 24 | documents prepared on behalf of the State describing the | ||||||
| 25 | State's plan or goals for distributing grants pursuant to | ||||||
| 26 | Division F of the Infrastructure Investment and Jobs Act | ||||||
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| 1 | cannot practically be given the Legislative Budget Oversight | ||||||
| 2 | Commission 30 days prior to submission to the appropriate | ||||||
| 3 | federal entity, the materials shall be provided to the | ||||||
| 4 | Legislative Budget Oversight Commission with as much time for | ||||||
| 5 | review as practical. All documents provided to the Commission | ||||||
| 6 | shall be made available to the public on the General | ||||||
| 7 | Assembly's website. However, the following information shall | ||||||
| 8 | be redacted from any documents made available to the public: | ||||||
| 9 | (i) information specifically prohibited from disclosure by | ||||||
| 10 | federal or State law or federal or State rules and | ||||||
| 11 | regulations; (ii) trade secrets; (iii) security sensitive | ||||||
| 12 | information; and (iv) proprietary, privileged, or confidential | ||||||
| 13 | commercial or financial information from a privately held | ||||||
| 14 | person or business which, if disclosed, would cause | ||||||
| 15 | competitive harm. Members of the public and interested parties | ||||||
| 16 | may submit written comments to the Commission for | ||||||
| 17 | consideration. Prior to the State's submission to the | ||||||
| 18 | appropriate federal entity pursuant to this subsection, the | ||||||
| 19 | Commission shall conduct at least one public hearing during | ||||||
| 20 | which members of the public and other interested parties may | ||||||
| 21 | file written comments with and offer testimony before the | ||||||
| 22 | Commission. After completing its review and consideration of | ||||||
| 23 | any such testimony offered and written public comments | ||||||
| 24 | received, the Commission shall submit its written comments and | ||||||
| 25 | suggestions to the Governor or designated State entity | ||||||
| 26 | responsible for administering the grant programs under | ||||||
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| 1 | Division F of the Infrastructure Investment and Jobs Act on | ||||||
| 2 | behalf of the State. The Governor, or designated State entity | ||||||
| 3 | responsible for administering the grant programs pursuant to | ||||||
| 4 | Division F of the Infrastructure Investment and Jobs Act, must | ||||||
| 5 | consider comments and suggestions provided by the members of | ||||||
| 6 | the Legislative Budget Oversight Commission and members of the | ||||||
| 7 | public. | ||||||
| 8 | (c-10) (Blank). At the request of the Commission, the | ||||||
| 9 | Governor or the designated State entity responsible for | ||||||
| 10 | administering programs under Division F of the Infrastructure | ||||||
| 11 | Investment and Jobs Act on behalf of the State must report on | ||||||
| 12 | the grants issued by the State pursuant to the programs under | ||||||
| 13 | Division F of the Infrastructure Investment and Jobs Act. | ||||||
| 14 | (d) The Legislative Budget Oversight Commission shall | ||||||
| 15 | consist of the following members: | ||||||
| 16 | (1) 7 members of the House of Representatives | ||||||
| 17 | appointed by the Speaker of the House of Representatives; | ||||||
| 18 | (2) 7 members of the Senate appointed by the Senate | ||||||
| 19 | President; | ||||||
| 20 | (3) 4 members of the House of Representatives | ||||||
| 21 | appointed by the Minority Leader of the House of | ||||||
| 22 | Representatives; and | ||||||
| 23 | (4) 4 members of the Senate appointed by the Senate | ||||||
| 24 | Minority Leader. | ||||||
| 25 | (e) The Speaker of the House of Representatives and the | ||||||
| 26 | Senate President shall each appoint one member of the | ||||||
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| 1 | Commission to serve as a co-chair. The members of the | ||||||
| 2 | Commission shall serve without compensation. | ||||||
| 3 | (f) As used in this Section: | ||||||
| 4 | "Budget management action" means any fund transfer | ||||||
| 5 | directed by the Governor or the Governor's Office of | ||||||
| 6 | Management and Budget, designation of appropriation lines as | ||||||
| 7 | reserve, or any other discretionary action taken with regard | ||||||
| 8 | to the budget as enacted; | ||||||
| 9 | "State agency" means all officers, boards, commissions, | ||||||
| 10 | departments, and agencies created by the Constitution, by law, | ||||||
| 11 | by Executive Order, or by order of the Governor in the | ||||||
| 12 | Executive Branch, other than the Offices of the Attorney | ||||||
| 13 | General, Secretary of State, Comptroller, or Treasurer. | ||||||
| 14 | (g) (Blank). This Section is repealed July 1, 2024. | ||||||
| 15 | (h) This Section shall be deemed to have been in | ||||||
| 16 | continuous effect since July 1, 2024 and it shall continue to | ||||||
| 17 | be in effect henceforward until it is otherwise lawfully | ||||||
| 18 | repealed. All actions taken in reliance on or pursuant to this | ||||||
| 19 | Section by any person or entity is hereby validated. | ||||||
| 20 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
| 21 | 103-8, eff. 6-7-23.) | ||||||
| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law. | ||||||
