Full Text of HB0473 95th General Assembly
HB0473 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0473
Introduced 2/1/2007, by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: |
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Creates the Funding Accountability and Transparency Act. Requires the full disclosure of all entities and organizations receiving State funds. Requires the Governor's Office of Management and Budget (GOMB) to establish a searchable website. Creates a pilot program for sub-award data. Requires GOMB to file reports and the Governor to make recommendations to the General Assembly. Contains other provisions. Effective immediately.
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A BILL FOR
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HB0473 |
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LRB095 05220 RCE 25295 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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| 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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| (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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| (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; and | 13 |
| (C) before October 1, 2008, does not include credit | 14 |
| card transactions. | 15 |
| (3) Searchable website. The term "searchable website" | 16 |
| means a website that allows the public to: | 17 |
| (A) search State funding by any element required by | 18 |
| subsection (b)(1); | 19 |
| (B) ascertain through a single search the total | 20 |
| amount of State funding awarded to an entity, by fiscal | 21 |
| year; and | 22 |
| (C) download data included in subparagraph (A) | 23 |
| included in the outcome from searches. | 24 |
| (b) In general: | 25 |
| (1) Website. Not later than January 1, 2008, the | 26 |
| Governor's
Office of Management and Budget shall, in |
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| accordance with this Section, ensure the existence and | 2 |
| operation of a single searchable website, accessible by the | 3 |
| public at no cost to access, that includes for each State | 4 |
| award: | 5 |
| (A) the name of the entity receiving the award; | 6 |
| (B) the amount of the award; | 7 |
| (C) information on the award, including | 8 |
| transaction type, funding agency, program source, and | 9 |
| an award title descriptive of the purpose of each | 10 |
| funding action; | 11 |
| (D) the location of the entity receiving the award | 12 |
| and the primary location of performance under the | 13 |
| award, including the county, township, municipality, | 14 |
| Legislative District, and Representative District; | 15 |
| (E) a unique identifier of the entity receiving the | 16 |
| award and of the parent entity of the recipient, should | 17 |
| the entity be owned by another entity; and | 18 |
| (F) any other relevant information specified by | 19 |
| the Governor's Office of Management and Budget. | 20 |
| (2) Scope of data. The website shall include data for | 21 |
| fiscal year 2007 and each fiscal year thereafter. | 22 |
| (3) Designation of agencies. The Director of the | 23 |
| Governor's Office of Management and Budget is authorized to | 24 |
| designate one or more State agencies to participate in the | 25 |
| development, establishment, operation, and support of the | 26 |
| single website. In the initial designation, or in |
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| subsequent instructions and guidance, the Director may | 2 |
| specify the scope of the responsibilities of each agency. | 3 |
| (4) Agency responsibilities. State agencies shall | 4 |
| comply with the instructions and guidance issued by the | 5 |
| Director of the Governor's Office of Management and Budget | 6 |
| under paragraph (3), and shall provide appropriate | 7 |
| assistance to the Director upon request, so as to assist | 8 |
| the Director in ensuring the existence and operation of the | 9 |
| single website. | 10 |
| (c) Website. The website established under this Section: | 11 |
| (1) may use any other existing sources of data if these | 12 |
| data sources are searchable through the website and can be | 13 |
| accessed in a single search; | 14 |
| (2) shall not be considered in compliance if it | 15 |
| hyperlinks to other existing websites or sources of data | 16 |
| and the result is that the information elements required in | 17 |
| subsection (b)(1) cannot be searched electronically by | 18 |
| field in a single search; | 19 |
| (3) shall provide an opportunity for the public to | 20 |
| provide input about the utility of the site and | 21 |
| recommendations for improvements; and | 22 |
| (4) shall be updated not later than 30 days after the | 23 |
| award of any State award requiring a posting. | 24 |
| (d) Sub-award data. | 25 |
| (1) Pilot program. | 26 |
| (A) In general. Not later than July 1, 2007, the |
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| Director of the Governor's Office of Management and | 2 |
| Budget shall commence a pilot program to: | 3 |
| (i) test the collection and accession of data | 4 |
| about subgrants and subcontracts; | 5 |
| (ii) determine how to implement a sub-award | 6 |
| reporting program across State government, | 7 |
| including a reporting system under which the | 8 |
| entity issuing a sub-grant or subcontract is | 9 |
| responsible for fulfilling the sub-award reporting | 10 |
| requirement; and | 11 |
| (iii) a mechanism for collecting and | 12 |
| incorporating agency and public feedback on the | 13 |
| design and utility of the website. | 14 |
| (B) Termination. The pilot program under | 15 |
| subparagraph (A) shall terminate not later than | 16 |
| January 1, 2009. | 17 |
| (2) Reporting of sub-awards. | 18 |
| (A) In general. Based on the pilot program | 19 |
| conducted under paragraph (1) and, except as provided in | 20 |
| subparagraph (B), not later than January 1, 2009, the | 21 |
| Director of the Governor's Office of Management and Budget: | 22 |
| (i) shall ensure that data regarding | 23 |
| sub-awards are disclosed in the same manner as data | 24 |
| regarding other State awards, as required by this | 25 |
| Act; | 26 |
| (ii) shall ensure that the method for |
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| collecting and distributing data about sub-awards | 2 |
| under clause (i): | 3 |
| (I) minimizes burdens imposed on State | 4 |
| award recipients and sub-award recipients; | 5 |
| (II) allows State award recipients and | 6 |
| sub-award recipients to allocate reasonable | 7 |
| costs for the collection and reporting of | 8 |
| sub-award data as indirect costs; and | 9 |
| (III) establishes cost-effective | 10 |
| requirements for collecting sub-award data | 11 |
| under block grants, formula grants, and other | 12 |
| types of assistance to units of local | 13 |
| governments and school districts. | 14 |
| (B) Extension of deadline. For sub-award | 15 |
| recipients that receive State funds through units of | 16 |
| local government or school districts, the Director of | 17 |
| the Governor's Office of Management and Budget may | 18 |
| extend the deadline for ensuring that data regarding | 19 |
| such sub-awards are disclosed in the same manner as | 20 |
| data regarding other State awards for a period not to | 21 |
| exceed 18 months if the Director determines that | 22 |
| compliance would impose an undue burden on the | 23 |
| sub-award recipient. | 24 |
| (e) Exception. Any entity that demonstrates to the Director | 25 |
| of the Governor's Office of Management and Budget that the | 26 |
| gross income, from all sources, for that entity did not exceed |
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| $300,000 in the previous tax year of that entity shall be | 2 |
| exempt from the requirement to report sub-awards under | 3 |
| subsection (d) until the Director determines that the | 4 |
| imposition of that reporting requirements will not cause an | 5 |
| undue burden on that entity. | 6 |
| (f) Construction. Nothing in this Act shall prohibit the | 7 |
| Governor's Office of Management and Budget from including | 8 |
| through the website established under this Section access to | 9 |
| data that is publicly available in any other federal database. | 10 |
| (g) Report: | 11 |
| (1) In general. The Director of the Governor's Office | 12 |
| of Management and Budget shall submit to Governor an annual | 13 |
| report regarding the implementation of the website | 14 |
| established under this Section. | 15 |
| (2) Contents. Each report submitted under paragraph | 16 |
| (1) shall include: | 17 |
| (A) data regarding the usage and public feedback on | 18 |
| the utility of the site (including recommendations for | 19 |
| improving data quality and collection); | 20 |
| (B) an assessment of the reporting burden placed on | 21 |
| State award and sub-award recipients; and | 22 |
| (C) an explanation of any extension of the | 23 |
| sub-award reporting deadline under subsection | 24 |
| (d)(2)(B), if applicable. | 25 |
| (3) Recommendations. The Governor shall review the | 26 |
| report of the Governor's Office of Management and Budget |
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| and in each even-numbered year make recommendations to the | 2 |
| General Assembly on how to improve the website. | 3 |
| (4) Publication. The Director of the Governor's Office | 4 |
| of Management and Budget shall make each report submitted | 5 |
| under paragraph (1) publicly available on the website | 6 |
| established under this Section. | 7 |
| Section 10. Classified information. Nothing in this Act | 8 |
| shall require the disclosure of classified information.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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