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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Election Code is amended by adding Section
5 9-8.5 as follows:
 
6     (10 ILCS 5/9-8.5 new)
7     Sec. 9-8.5. Prohibited contributions.
8     (a) For the purposes of this Section, "legislative member
9 initiative" is defined as provided in Section 9.3 of the
10 Governor's Office of Management and Budget Act.
11     (b) A political committee organized by or on behalf of a
12 State Senator or State Representative may not accept a
13 contribution from the recipient of that Senator's or
14 Representative's legislative member initiative for 5 years
15 beginning on the date of first disbursement of moneys under
16 that initiative to that recipient.
17     (c) A contribution accepted in violation of this Section
18 shall escheat to the State and be deposited into the State
19 treasury.
 
20     Section 10. The Governor's Office of Management and Budget
21 Act is amended by adding Section 9.3 as follows:
 

 

 

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1     (20 ILCS 3005/9.3 new)
2     Sec. 9.3. Illinois Funding Accountability and Transparency
3 Law.
4     (a) In general:
5         (1) Website. Beginning July 1, 2010 and subject to
6     paragraphs (2) and (3), the Governor's Office of Management
7     and Budget (GOMB) shall ensure the existence and operation
8     of a single updated searchable database website accessible
9     by the public at no cost that includes for each entity
10     receiving Illinois funding:
11             (A) the name of the entity;
12             (B) the amount of any Illinois funds that the
13         entity has received in each of the last 10 fiscal
14         years;
15             (C) an itemized breakdown of each transaction,
16         including funding agency, program source, and a
17         description of the purpose of each funding action;
18             (D) the location of the entity and primary location
19         of performance, including the city, state, and country
20         and, if in Illinois, the Representative District;
21             (E) a unique identifier for each such entity and
22         parent entity, should the entity be owned by another
23         entity;
24             (F) with respect to moneys disbursed pursuant to a
25         legislative member initiative, the identity of both
26         the Legislative District and the Representative

 

 

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1         District of the General Assembly member pursuant to
2         whose initiative the moneys were appropriated; and
3             (G) any other relevant information.
4         (2) Initial data. Beginning July 1, 2010, the website
5     shall include data for fiscal years 2009 and 2010.
6         (3) Previous fiscal years. Not later than July 1, 2012,
7     information required by this Section shall be posted on the
8     website for fiscal years 1999 through 2008.
9     (b) Definitions. In this Section:
10         (1) Entity. The term "entity":
11             (A) includes:
12                 (i) a corporation;
13                 (ii) an association;
14                 (iii) a partnership;
15                 (iv) a limited liability company;
16                 (v) a limited liability partnership;
17                 (vi) any other legal business entity;
18                 (vii) grantees, contractors, and, on and after
19             January 1, 2011, subgrantees and subcontractors;
20             and
21                 (viii) any unit of local government, school
22             district, or other state or federal governmental
23             unit; but
24             (B) does not include:
25                 (i) an individual recipient of Illinois or
26             federal assistance;

 

 

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1                 (ii) a State employee; or
2                 (iii) a grant or contract of such a nature that
3             its disclosure could reasonably be expected to
4             cause damage to homeland security.
5         (2) Illinois funding. The term "Illinois funding":
6             (A) means Illinois financial assistance and
7         expenditures, which include grants, contracts,
8         subgrants, subcontracts, loans, awards, and other
9         forms of financial assistance; but
10             (B) does not include credit card transactions or
11         minor purchases.
12         (3) Legislative member initiative. The term
13     "legislative member initiative" means an appropriation for
14     a grant or distribution to a specific unit of local
15     government, specific school district, specific
16     not-for-profit organization, or specific non-governmental
17     entity for infrastructure improvements or operating
18     expenses. Appropriations that are part of a statewide
19     program and are based on generally applicable standards of
20     eligibility are not legislative member initiatives.
21     "Infrastructure improvements" include without limitation
22     capital improvements, capital projects, planning,
23     construction, reconstruction, equipment, utilities,
24     vehicles, and all costs associated with economic
25     development, community programs, educational programs,
26     public health, and public safety.

 

 

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1         (4) Searchable database website. The term "searchable
2     database website" means a website that allows the public
3     to:
4             (A) search Illinois funding by name of entity,
5         parent entity, or type of industry, by geography,
6         including location of the entity and the primary
7         location of the performance, by amounts and types of
8         Illinois funding, by program sources, by type of
9         activity being performed, by time factors such as
10         fiscal years or multiple fiscal years, by Legislative
11         District and Representative District numbers, and by
12         other relevant information; and
13             (B) download data included in subparagraph (A),
14         including outcomes from searches.
15     (c) Website. The database website established by this
16 Section:
17         (1) shall not be considered in compliance if it relies
18     upon links to other existing websites and databases, unless
19     each of those sites has information from all agencies and
20     each category of information required to be itemized can be
21     searched electronically by field in a single search;
22         (2) shall provide an opportunity for the public to
23     provide input about the utility of the site and
24     recommendations for improvements; and
25         (3) shall be updated not later than 30 days after the
26     award of any assistance requiring a posting.

 

 

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1     (d) GOMB responsibilities. The Director of GOMB shall
2 provide guidance to agency heads to ensure compliance with this
3 Section.
4     (e) Report. By March 1 of each year, the Director of GOMB
5 shall report to the General Assembly on implementation and
6 operation of the website, which shall include data about the
7 usage and public feedback on the utility of the site, including
8 recommendations for improvements. The annual report shall be
9 made publicly available on the website.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.