093_SB2107

 
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 1        AN ACT concerning finance.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Member Initiative Sunshine Act.

 6        Section  5.  Applicable  projects.   As used in this Act,
 7    "project" means any of the following:
 8             (1)  Any road project that is not delineated in  the
 9        most  recent  publication  of  the Illinois Department of
10        Transportation's Five-Year Highway Program.
11             (2)  Any project that will ultimately  be  paid  for
12        with moneys from the Fund for Illinois' Future.
13             (3)  Any  project  funded  through appropriations or
14        reappropriations  to  the  Department  of  Commerce   and
15        Economic Opportunity if (i) there  is not a specific line
16        item  appropriation  for the project and (ii) the project
17        involves a grant  to  a  unit  of  local  government,  an
18        educational entity, a not-for-profit organization, or any
19        other governmental unit.
20             (4)  Any   project   funded  from  an  appropriation
21        contained in Section 1, 2, 3, 4, 5, or 6 of Article 3  of
22        Public Act 92-0587 or any reappropriation of these funds.
23             (5)  Any  project  funded  through the Department of
24        Natural Resources' Open Land Trust Program.

25        Section 10.  Approval for projects required.  No officer,
26    employee, or agent of the State  may  expend  funds  for  any
27    project  unless  funding  for  that  project  has  first been
28    approved by the Member Initiative Review Panel in  accordance
29    with the provisions of this Act.
 
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 1        Section 15.  Member Initiative Review Panel established.
 2        (a)  The  Member Initiative Review Panel shall consist of
 3    3 members as follows: the Governor or his  or  her  designee,
 4    who shall serve as chairperson, the State Treasurer or his or
 5    her  designee,  and  the  State  Comptroller  or  his  or her
 6    designee.
 7        (b)  The  Panel  may  promulgate  any  reasonable   rules
 8    necessary to implement this Act.

 9        Section 20.  Notification of project.
10        (a)  Within  30 days after the effective date of this Act
11    with respect to projects pending on that effective  date  and
12    within  30  days  after  any  other  project  is proposed for
13    funding  through  appropriated  amounts,  the  Governor  must
14    notify the Panel of the project.
15        (b)  All notifications under  this  Section  must  be  in
16    writing and must contain all of the following:
17             (1)  A   detailed   description   of   the  project,
18        including a budget.
19             (2)  A copy of the statute, agency  rule,  or  other
20        instrument creating the project.
21             (3)  The  name  of  all  General Assembly members in
22        whose district  the  project  will  be  located  and  all
23        General  Assembly members who were the principal sponsors
24        or chief co-sponsors of any legislation to create or fund
25        the project.
26             (4)  The name, address, and telephone  number  of  a
27        contact person who is knowledgeable of the details of the
28        project.

29        Section 25.  Public hearing schedule.
30        (a)  Upon receipt of the notification under Section 20 of
31    this Act, the Panel must schedule a public hearing concerning
32    the  project.   The  hearing  must  take place within 60 days
 
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 1    after the receipt of the notification under Section 20.   The
 2    Panel  must  meet  at least once every month unless there are
 3    fewer than 10 projects pending.
 4        (b)  At least 10 calendar days before the public hearing,
 5    the Panel must notify all  of  the  following  of  the  date,
 6    place, and time of the public hearing:
 7             (1)  The contact person provided in the notification
 8        under Section 20.
 9             (2)  All  General Assembly members in whose district
10        the project will be located   and  all  General  Assembly
11        members   who   were  the  principal  sponsors  or  chief
12        co-sponsors of any legislation  to  create  or  fund  the
13        project.
14             (3)  The  Director of each State agency that created
15        or will administer the  project.
16             (4)  The  Governor,  State  Comptroller,  and  State
17        Treasurer.

18        Section 30.   Governor's recommendation.
19        (a)  At least 5 calendar days before the  public  hearing
20    on a project, the Governor or his or her designee must submit
21    a  written recommendation to the Panel concerning the funding
22    of the project.  The Governor may recommend that (i)  funding
23    for  the  project be approved or (ii) funding for the project
24    be denied.
25        (b)  Each  recommendation  by  the  Governor  under  this
26    Section shall be maintained as a public record  and  must  be
27    made  available  for  public  inspection  and  copying.  Each
28    fiscal quarter, the Office of the Governor  shall  publish  a
29    list  of  all  of  the  Governor's recommendations under this
30    Section.  The list must include  a  brief  synopsis  of  each
31    project  and must state whether the Governor recommended that
32    funding be approved or denied for that project.
 
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 1        Section 35.  Conduct of public hearing.   At  the  public
 2    hearing,    the   Panel   shall   consider   the   Governor's
 3    recommendation for the funding of the project and allow  each
 4    person  who  must be notified under subsection (b) of Section
 5    25, or  a  representative  of  that  person,  and  any  other
 6    interested  party  an  opportunity to present oral or written
 7    evidence concerning the funding of the project. After all  of
 8    the  evidence  has  been  presented, the Panel must conduct a
 9    vote on the question of whether funding for the project shall
10    be approved.
11        If 2 or more members of the Panel vote to approve funding
12    for the project, then the appropriate officers, employees, or
13    agents of the State may expend  moneys  for  the  project  as
14    otherwise  provided  by  law.   The  Panel's  approval of the
15    project shall be deemed to be a commitment from the State  to
16    fund that project.
17        If  fewer  than  2  members  of the Panel vote to approve
18    funding for the project, then no money may  be  expended  for
19    the  project and the Panel's decision shall be honored by all
20    officers, employees, or agents of the State.  If a project is
21    not approved to be funded,  then,  within  10  business  days
22    after  the decision, the Panel must notify each person listed
23    in subsection (b) of Section 25 stating the reasons  for  the
24    denial  of  funds. If a project is not approved to be funded,
25    then, no less than 90 days after the Panel gives notification
26    of the denial of funds, the Governor may resubmit the project
27    for review by the Panel by notifying the Panel under  Section
28    20.

29        Section 40.  Quarterly report.  At the end of each fiscal
30    quarter,  the  Panel  must  issue  a  written  report  to the
31    Governor  and  to  each  legislative  leader  detailing   all
32    projects  reviewed  by the Panel for that quarter, a detailed
33    description of those projects,  and  the  Panel's  action  on
 
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 1    those projects.