Full Text of HB6272 96th General Assembly
HB6272eng 96TH GENERAL ASSEMBLY
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LRB096 18920 RLJ 34308 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Article 1 | 5 |
| Section 1-1. Short title. This Act may be cited as the | 6 |
| Local Initiative Sunshine Act. If more than one new Act of the | 7 |
| 96th General Assembly is given the same short title, then all | 8 |
| of those Acts are intended to be codified as a single Act. | 9 |
| Section 1-5. Definitions. In this Act: | 10 |
| "Gubernatorial or legislative member initiative" means a | 11 |
| grant from State funds to a specific unit of local government, | 12 |
| specific school district, specific not-for-profit | 13 |
| organization, or specific non-governmental entity for | 14 |
| infrastructure improvements or operating expenses. Grants that | 15 |
| are part of a statewide program and are based on generally | 16 |
| applicable standards of eligibility are not gubernatorial or | 17 |
| legislative member initiatives, unless the grant has been | 18 |
| requested or initiated by the Governor or a member of the | 19 |
| Illinois General Assembly. | 20 |
| "Infrastructure
improvements" include without limitation | 21 |
| capital improvements, capital
projects, planning, | 22 |
| construction, reconstruction, equipment, utilities,
vehicles, |
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| and all costs associated with economic development, community
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| programs, educational programs, public health, and public | 3 |
| safety. | 4 |
| "Initiative sponsor", with respect to each gubernatorial | 5 |
| or legislative member initiative, include the Governor and each | 6 |
| member of the General Assembly designated in the grant | 7 |
| application as having requested or initiated the grant. | 8 |
| "Initiative recipient" means an individual or entity that | 9 |
| is designated to receive or receives a gubernatorial or | 10 |
| legislative member initiative. For purposes of disclosure | 11 |
| under Section 5-10, the term also includes (i) the immediate | 12 |
| family of an individual who is an initiative recipient; and | 13 |
| (ii) in the case of an entity that is an initiative recipient, | 14 |
| the term also includes board members, owners with an equity | 15 |
| interest of at least 7.5%, and managerial employees of the | 16 |
| entity, the immediate family of each, and its parent, | 17 |
| subsidiary, and affiliate entities. | 18 |
| Article 10 | 19 |
| Section 10-5. Initiative sponsors; identification. Each | 20 |
| application for a gubernatorial and legislative member | 21 |
| initiative must identify its initiative sponsors in writing. | 22 |
| Section 10-10. Initiative file. All executive branch State | 23 |
| agencies processing gubernatorial or legislative member |
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| initiatives shall establish and maintain a comprehensive file | 2 |
| for each initiative that includes all information submitted, | 3 |
| obtained, or reviewed in connection with the initiative. The | 4 |
| file shall include documentation of all communications by the | 5 |
| agency with any person regarding the initiative. The entire | 6 |
| file must be made available to the public through a State | 7 |
| website. | 8 |
| Section 10-15. Application review. | 9 |
| (a) Executive branch State agencies shall obtain | 10 |
| information from the initiative recipient demonstrating that | 11 |
| public funds will be used for a legitimate public purpose. The | 12 |
| application and review process shall include the | 13 |
| identification of the following: | 14 |
| (1) the public benefit from the program or service; | 15 |
| (2) the need for the program or service; | 16 |
| (3) the beneficiaries of the program or service; | 17 |
| (4) the number of individuals to benefit from the | 18 |
| program or service; | 19 |
| (5) a budget consisting of a comprehensive financial | 20 |
| plan for the expenditure of public funds including payment | 21 |
| of any compensation to any individuals hired to perform | 22 |
| services under the initiative; | 23 |
| (6) an explanation of the delivery of the program or | 24 |
| service; and | 25 |
| (7) the benchmarks and outcomes for the funding. |
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| (b) Executive branch State agencies shall obtain | 2 |
| information from the initiative recipient demonstrating that | 3 |
| the initiative recipient is qualified to provide the services | 4 |
| for which funding is requested. The application shall include: | 5 |
| (1) the applicant's qualifications and credentials; | 6 |
| (2) the applicant's prior experience; | 7 |
| (3) the applicant's financial information including, | 8 |
| but not limited to, tax arrearages, child support, and | 9 |
| educational loans; and | 10 |
| (4) the financial structure of the applicant | 11 |
| including, but not limited to, bank accounts and credit | 12 |
| history. | 13 |
| Section 10-20. Guidelines and monitoring procedures. | 14 |
| (a) Any executive branch State agency processing | 15 |
| gubernatorial or legislative member initiatives shall develop | 16 |
| program guidelines and monitoring procedures that include, at a | 17 |
| minimum: | 18 |
| (1) a required reporting of the expenditure of | 19 |
| initiative funds; and | 20 |
| (2) a review of grant performance. | 21 |
| (b) Subsequent to a grant award, and throughout the term of | 22 |
| the grant agreement, the agency shall include in the grant file | 23 |
| all information submitted, obtained, or reviewed in connection | 24 |
| with monitoring the grant recipient's compliance with the grant | 25 |
| agreement, including documentation of all communications with |
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| any person, and all of that information must be made available | 2 |
| to the public through a State website. | 3 |
| (c) Agencies shall develop procedures to ensure the timely | 4 |
| initiation of statutory procedures to recover misspent funds.
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