HB5891eng 95TH GENERAL ASSEMBLY

HB5891 Engrossed LRB095 15227 RCE 41209 b

AN ACT concerning finance.

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

Section 5. The State Finance Act is amended by adding Sections 13.6 and 13.7 as follows:

(30 ILCS 105/13.6 new)

Sec. 13.6. Appropriations for legislative member initiatives.

(a) Each appropriation for a legislative member initiative must be by a separate line item appropriation. That line item must fully describe the legislative member initiative, including without limitation the name of the member of the General Assembly who requested the initiative, the name of the entity that will receive the benefit of the expenditure, the purpose of the expenditure, the specific location of the project, and the Legislative District and Representative District in which the project is located. No legislative member initiative may be funded through a lump sum appropriation.

(b) Unless it complies with subsection (a), a purported appropriation of State funds for a legislative member initiative is not a valid appropriation. No State funds may be expended for a legislative member initiative unless the appropriation for that legislative member initiative complies with subsection (a).

(c) "Legislative member initiative" means an appropriation for a grant or distribution to a specific unit of local government, specific school district, specific not-for-profit organization, or specific non-governmental entity for infrastructure improvements or operating expenses. Appropriations that are part of a statewide program and are based on generally applicable standards of eligibility are not legislative member initiatives. "Infrastructure improvements" include without limitation capital improvements, capital projects, planning, construction, reconstruction, equipment, utilities, vehicles, and all costs associated with economic development, community programs, educational programs, public health, and public safety.

(d) The purpose of this Section is to require full and complete disclosure during the appropriation process of State expenditures that are primarily for a specific local community within a Legislative District or Representative District. This Section shall be liberally construed to effectuate its purpose.

(30 ILCS 105/13.7 new)

Sec. 13.7. Availability of funds for legislative member initiatives and capital improvements.

(a) An appropriation for a legislative member initiative or for a capital improvement is released and available for expenditure as a matter of law in the fiscal year for which it was appropriated without any further approval or authorization.

(b) "Legislative member initiative" means that term as defined in Section 13.6. "Capital improvement" means roads, bridges, buildings, recreational, and conservation facilities, and any other infrastructure facilities.

(c) The purpose of this Section is to ensure that the intention of the General Assembly expressed in laws making appropriations for legislative member initiatives and capital improvements is carried out by releasing appropriated funds and making those funds available for expenditure absent a clear and convincing reason that is based strictly on sound governmental practices and that is not at all based on a personal or political motivation. This Section shall be liberally construed to effectuate its purpose.

(d) This Section is enforceable by a mandamus action in the circuit court maintained by any member of the General Assembly.