HB0057 96TH GENERAL ASSEMBLY

LRB096 02952 JAM 12966 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0057

Introduced 1/14/2009, by Rep. David Reis

SYNOPSIS AS INTRODUCED:

25 ILCS 130/1-3	from Ch. 63, par. 1001-3
25 ILCS 130/Art. 8B heading new
25 ILCS 130/8B-5 new
25 ILCS 130/8B-10 new
25 ILCS 130/8B-15 new
25 ILCS 130/8B-20 new
25 ILCS 130/8B-25 new
25 ILCS 130/8B-30 new
25 ILCS 130/8B-35 new
25 ILCS 130/8B-40 new

Amends the Legislative Commission Reorganization Act of 1984. Creates the Joint Committee on Capital Improvements (JCCI) as a legislative support services agency consisting of 12 General Assembly members appointed by the legislative leaders. Requires JCCI to develop 5-year plans for the State's capital improvements needs. Authorizes the General Assembly by joint resolution to approve a 5-year capital plan. Requires JCCI to analyze State budgets and legislation proposing capital improvements with respect to construction costs and post-construction operating costs and to determine the projects' compliance with the capital plan. Requires JCCI to advise the appropriations and revenue committees of the General Assembly with respect to such analysis. Requires JCCI to monitor construction projects, post-construction project implementation, and repair and maintenance costs and authorizes JCCI to prohibit further spending when it determines any non-compliance with the capital plan threatens the public health, safety, and welfare. Provides that the JCCI's authority does not extend to capital projects funded primarily with revenues from motor fuel taxes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Legislative Commission Reorganization Act of 1984 is amended by changing Section 1-3 and by adding the heading of Article 8B and Sections 8B-5, 8B-10, 8B-15, 8B-20, 8B-25, 8B-30, 8B-35, and 8B-40 as follows:

(25 ILCS 130/1-3) (from Ch. 63, par. 1001-3)

Sec. 1-3. Legislative support services agencies. The Joint Committee on Legislative Support Services is responsible for establishing general policy and coordinating activities among the legislative support services agencies. The legislative support services agencies include the following:

(1) Joint Committee on Administrative Rules;

(2) Commission on Government Forecasting and Accountability;

(3) Legislative Information System;

(4) Legislative Reference Bureau;

(5) Legislative Audit Commission;

(6) Legislative Printing Unit;

(7) Legislative Research Unit; and

(8) Office of the Architect of the Capitol; and .

(9) Joint Committee on Capital Improvements.

(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)

(25 ILCS 130/Art. 8B heading new)

ARTICLE 8B.

(25 ILCS 130/8B-5 new)

Sec. 8B-5. Definitions. As used in this Article:

"Adopted capital plan" means the capital plan prepared by the Joint Committee on Capital Improvements and approved by joint resolution of the General Assembly, as provided in Section 8B-15, for the current 5-year period.

"JCCI" means the Joint Committee on Capital Improvements.

(25 ILCS 130/8B-10 new)

Sec. 8B-10. Scope. The authority and responsibility of JCCI does not extend to capital facilities, improvements, projects, or needs funded primarily with revenue from taxes on motor fuel.

(25 ILCS 130/8B-15 new)

Sec. 8B-15. Five-year plan. JCCI shall prepare each year a State capital plan for addressing State public capital needs for the following 5 years. The plan shall be submitted to the Governor and each house of the General Assembly no later than December 1 of each calendar year.

JCCI has the right to request and receive any information it needs from any State agency in the preparation of the 5-year plan.

Following its submission to the General Assembly, the plan shall be considered by both houses of the General Assembly. If the same joint resolution to approve the plan is adopted by a record vote of three-fifths of the members elected to each house, the plan shall be a valid capital plan of the State for the period of time it covers.

(25 ILCS 130/8B-20 new)

Sec. 8B-20. Budgeting analysis. JCCI shall perform budgeting analysis for each proposed capital improvement project in each budget submitted by the Governor, including each annual budget submitted in compliance with Section 2 of Article VIII of the Illinois Constitution, and for each proposed capital improvement project included in proposed legislation filed by any member of the General Assembly. The budgeting analysis shall include an analysis of the entire cost of constructing the project and, in addition, all projected operating costs of the project for the first 2 years after completion of the project.

The budgeting analysis shall scrutinize the compliance of the Governor's budget with the current adopted capital plan.

(25 ILCS 130/8B-25 new)

Sec. 8B-25. Advising legislative committees. JCCI shall advise the appropriations and revenue committees of each house of the General Assembly on the financial needs of the State necessary to comply with the current adopted capital plan.

If JCCI finds that the Governor's capital budget is not in compliance with the current adopted capital plan, it shall make an official finding of that fact by majority vote and shall submit that finding to the appropriations and revenue committees of both houses of the General Assembly.

(25 ILCS 130/8B-30 new)

Sec. 8B-30. Construction monitoring; prohibition against further spending. JCCI shall monitor all new construction on any State-funded capital improvement project.

If JCCI finds that (i) any capital improvement project construction phase is not in compliance with the current adopted capital plan and (ii) the level of noncompliance represented by that project constitutes a serious threat to the public interest, safety, and welfare, then JCCI, by the affirmative vote of three-fifths of the members appointed, may prohibit further State spending on the project.

(25 ILCS 130/8B-35 new)

Sec. 8B-35. Post-construction monitoring; prohibition against further spending. JCCI shall monitor the post-construction implementation of each approved State-funded capital improvement project, including all operating costs for the first 2 years after completion of the project.

If JCCI finds that (i) any capital improvement project post construction implementation phase is not in compliance with the current adopted capital plan and (ii) the level of noncompliance represented by that project constitutes a serious threat to the public interest, safety, and welfare, then JCCI, by the affirmative vote of three-fifths of the members appointed, may prohibit further State spending on the project.

(25 ILCS 130/8B-40 new)

Sec. 8B-40. Repairs and maintenance; prohibition against further spending. JCCI, by rule adopted by resolution, shall establish a level of spending on State capital facility repair and maintenance that shall trigger the scrutiny of JCCI. JCCI shall monitor each project involving the repair or maintenance of an existing State building or facility when that project costs more than the triggering level.

If JCCI finds that (i) any project to repair or maintain the capital infrastructure of the State is not in compliance with the current adopted capital plan and (ii) the level of noncompliance represented by that project constitutes a serious threat to the public interest, safety, and welfare, then JCCI, by the affirmative vote of three-fifths of the members appointed, may prohibit further State spending on the project.