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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Funding Accountability and Transparency Act. | ||||||
6 | Section 5. Full Disclosure of entities receiving State | ||||||
7 | funding. | ||||||
8 | (a) Definitions. In this Section: | ||||||
9 | (1) Entity. The term "entity": | ||||||
10 | (A) Includes, whether for-profit or non-profit: | ||||||
11 | (i) a corporation; | ||||||
12 | (ii) an association; | ||||||
13 | (iii) a partnership; | ||||||
14 | (iv) a limited liability company; | ||||||
15 | (v) a limited liability partnership; | ||||||
16 | (vi) a sole proprietorship; | ||||||
17 | (vii) any other legal business entity; | ||||||
18 | (viii) any other grantee or contractor that is | ||||||
19 | not
excluded by subparagraph (B) or (C); and
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20 | (ix) any unit of local government or school | ||||||
21 | district; and | ||||||
22 | (B) on and after January 1, 2009, includes any | ||||||
23 | subcontractor or subgrantee. |
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1 | (C) Does not include: | ||||||
2 | (i) an individual recipient of State | ||||||
3 | assistance; or | ||||||
4 | (ii) a State employee. | ||||||
5 | (2) State award. The term "State award": | ||||||
6 | (A) means State financial assistance and | ||||||
7 | expenditures that include grants, contracts, | ||||||
8 | subgrants, subcontracts, loans, awards, cooperative | ||||||
9 | agreements, purchase orders, task orders, delivery | ||||||
10 | orders, and other forms of financial assistance; | ||||||
11 | (B) does not include individual transactions below | ||||||
12 | $25,000; | ||||||
13 | (C) does not include moneys received by a retailer | ||||||
14 | serving as a vendor as part of a reimbursement-only | ||||||
15 | program for goods and services through the Department | ||||||
16 | of Children and Family Services, the Department of | ||||||
17 | Human Services, the Department of Healthcare and | ||||||
18 | Family Services, the Department of Public Health, the | ||||||
19 | Department on Aging, or any of their successor | ||||||
20 | agencies; and | ||||||
21 | (D) before October 1, 2008, does not include credit | ||||||
22 | card transactions. | ||||||
23 | (3) Searchable website. The term "searchable website" | ||||||
24 | means a website that allows the public to: | ||||||
25 | (A) search State funding by any element required by | ||||||
26 | subsection (b)(1); |
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1 | (B) ascertain through a single search the total | ||||||
2 | amount of State funding awarded to an entity, by fiscal | ||||||
3 | year; and | ||||||
4 | (C) download data included in subparagraph (A) | ||||||
5 | included in the outcome from searches. | ||||||
6 | (b) In general: | ||||||
7 | (1) Website. Not later than January 1, 2008, the | ||||||
8 | Governor's
Office of Management and Budget shall, in | ||||||
9 | accordance with this Section, ensure the existence and | ||||||
10 | operation of a single searchable website, accessible by the | ||||||
11 | public at no cost to access, that includes for each State | ||||||
12 | award: | ||||||
13 | (A) the name of the entity receiving the award; | ||||||
14 | (B) the amount of the award; | ||||||
15 | (C) information on the award, including | ||||||
16 | transaction type, funding agency, program source, and | ||||||
17 | an award title descriptive of the purpose of each | ||||||
18 | funding action; | ||||||
19 | (D) the location of the entity receiving the award | ||||||
20 | and the primary location of performance under the | ||||||
21 | award, including the county, township, municipality, | ||||||
22 | Legislative District, and Representative District; | ||||||
23 | (E) a unique identifier of the entity receiving the | ||||||
24 | award and of the parent entity of the recipient, should | ||||||
25 | the entity be owned by another entity; and | ||||||
26 | (F) any other relevant information specified by |
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1 | the Governor's Office of Management and Budget. | ||||||
2 | (2) Scope of data. The website shall include data for | ||||||
3 | fiscal year 2007 and each fiscal year thereafter. | ||||||
4 | (3) Designation of agencies. The Director of the | ||||||
5 | Governor's Office of Management and Budget is authorized to | ||||||
6 | designate one or more State agencies to participate in the | ||||||
7 | development, establishment, operation, and support of the | ||||||
8 | single website. In the initial designation, or in | ||||||
9 | subsequent instructions and guidance, the Director may | ||||||
10 | specify the scope of the responsibilities of each agency. | ||||||
11 | (4) Agency responsibilities. State agencies shall | ||||||
12 | comply with the instructions and guidance issued by the | ||||||
13 | Director of the Governor's Office of Management and Budget | ||||||
14 | under paragraph (3), and shall provide appropriate | ||||||
15 | assistance to the Director upon request, so as to assist | ||||||
16 | the Director in ensuring the existence and operation of the | ||||||
17 | single website. | ||||||
18 | (c) Website. The website established under this Section: | ||||||
19 | (1) may use any other existing sources of data if these | ||||||
20 | data sources are searchable through the website and can be | ||||||
21 | accessed in a single search; | ||||||
22 | (2) shall not be considered in compliance if it | ||||||
23 | hyperlinks to other existing websites or sources of data | ||||||
24 | and the result is that the information elements required in | ||||||
25 | subsection (b)(1) cannot be searched electronically by | ||||||
26 | field in a single search; |
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1 | (3) shall provide an opportunity for the public to | ||||||
2 | provide input about the utility of the site and | ||||||
3 | recommendations for improvements; and | ||||||
4 | (4) shall be updated not later than 30 days after the | ||||||
5 | award of any State award requiring a posting. | ||||||
6 | (d) Sub-award data. | ||||||
7 | (1) Pilot program. | ||||||
8 | (A) In general. Not later than July 1, 2007, the | ||||||
9 | Director of the Governor's Office of Management and | ||||||
10 | Budget shall commence a pilot program to: | ||||||
11 | (i) test the collection and accession of data | ||||||
12 | about subgrants and subcontracts; | ||||||
13 | (ii) determine how to implement a sub-award | ||||||
14 | reporting program across State government, | ||||||
15 | including a reporting system under which the | ||||||
16 | entity issuing a sub-grant or subcontract is | ||||||
17 | responsible for fulfilling the sub-award reporting | ||||||
18 | requirement; and | ||||||
19 | (iii) a mechanism for collecting and | ||||||
20 | incorporating agency and public feedback on the | ||||||
21 | design and utility of the website. | ||||||
22 | (B) Termination. The pilot program under | ||||||
23 | subparagraph (A) shall terminate not later than | ||||||
24 | January 1, 2009. | ||||||
25 | (2) Reporting of sub-awards. | ||||||
26 | (A) In general. Based on the pilot program |
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1 | conducted under paragraph (1) and, except as provided | ||||||
2 | in subparagraph (B), not later than January 1, 2009, | ||||||
3 | the Director of the Governor's Office of Management and | ||||||
4 | Budget: | ||||||
5 | (i) shall ensure that data regarding | ||||||
6 | sub-awards are disclosed in the same manner as data | ||||||
7 | regarding other State awards, as required by this | ||||||
8 | Act; | ||||||
9 | (ii) shall ensure that the method for | ||||||
10 | collecting and distributing data about sub-awards | ||||||
11 | under clause (i): | ||||||
12 | (I) minimizes burdens imposed on State | ||||||
13 | award recipients and sub-award recipients; | ||||||
14 | (II) allows State award recipients and | ||||||
15 | sub-award recipients to allocate reasonable | ||||||
16 | costs for the collection and reporting of | ||||||
17 | sub-award data as indirect costs; and | ||||||
18 | (III) establishes cost-effective | ||||||
19 | requirements for collecting sub-award data | ||||||
20 | under block grants, formula grants, and other | ||||||
21 | types of assistance to units of local | ||||||
22 | governments and school districts. | ||||||
23 | (B) Extension of deadline. For sub-award | ||||||
24 | recipients that receive State funds through units of | ||||||
25 | local government or school districts, the Director of | ||||||
26 | the Governor's Office of Management and Budget may |
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1 | extend the deadline for ensuring that data regarding | ||||||
2 | such sub-awards are disclosed in the same manner as | ||||||
3 | data regarding other State awards for a period not to | ||||||
4 | exceed 18 months if the Director determines that | ||||||
5 | compliance would impose an undue burden on the | ||||||
6 | sub-award recipient. | ||||||
7 | (e) Exception. Any entity that demonstrates to the Director | ||||||
8 | of the Governor's Office of Management and Budget that the | ||||||
9 | gross income, from all sources, for that entity did not exceed | ||||||
10 | $300,000 in the previous tax year of that entity shall be | ||||||
11 | exempt from the requirement to report sub-awards under | ||||||
12 | subsection (d) until the Director determines that the | ||||||
13 | imposition of that reporting requirements will not cause an | ||||||
14 | undue burden on that entity. | ||||||
15 | (f) Construction. Nothing in this Act shall prohibit the | ||||||
16 | Governor's Office of Management and Budget from including | ||||||
17 | through the website established under this Section access to | ||||||
18 | data that is publicly available in any other federal database. | ||||||
19 | (g) Report: | ||||||
20 | (1) In general. The Director of the Governor's Office | ||||||
21 | of Management and Budget shall submit to the Governor an | ||||||
22 | annual report regarding the implementation of the website | ||||||
23 | established under this Section. | ||||||
24 | (2) Contents. Each report submitted under paragraph | ||||||
25 | (1) shall include: | ||||||
26 | (A) data regarding the usage and public feedback on |
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1 | the utility of the site (including recommendations for | ||||||
2 | improving data quality and collection); | ||||||
3 | (B) an assessment of the reporting burden placed on | ||||||
4 | State award and sub-award recipients; and | ||||||
5 | (C) an explanation of any extension of the | ||||||
6 | sub-award reporting deadline under subsection | ||||||
7 | (d)(2)(B), if applicable. | ||||||
8 | (3) Recommendations. The Governor shall review the | ||||||
9 | report of the Governor's Office of Management and Budget | ||||||
10 | and in each even-numbered year make recommendations to the | ||||||
11 | General Assembly on how to improve the website. | ||||||
12 | (4) Publication. The Director of the Governor's Office | ||||||
13 | of Management and Budget shall make each report submitted | ||||||
14 | under paragraph (1) publicly available on the website | ||||||
15 | established under this Section. | ||||||
16 | Section 10. Classified information. Nothing in this Act | ||||||
17 | shall require the disclosure of classified information.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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