SB3773sam002 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/23/2012

09700SB3773sam002 LRB097 20435 JDS 67823 a

AMENDMENT TO SENATE BILL 3773

AMENDMENT NO. ______. Amend Senate Bill 3773 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-335 and by adding the heading of Article 405-336 as follows:

(20 ILCS 405/405-335)

Sec. 405-335. Illinois Transparency and Accountability Portal (ITAP).

(a) The Department, within 12 months after the effective date of this amendatory Act of the 96th General Assembly, shall establish and maintain a website, known as the Illinois Transparency and Accountability Portal (ITAP), with a full-time webmaster tasked with compiling and updating the ITAP database with information received from all State agencies as defined in this Section.

(b) For purposes of this Section:

"State agency" means the offices of the constitutional officers identified in Article V of the Illinois Constitution, executive agencies, and departments, boards, commissions, and Authorities under the Governor.

"Contracts" means payment obligations with vendors on file with the Office of the Comptroller to purchase goods and services exceeding $10,000 in value (or, in the case of professional or artistic services, exceeding $5,000 in value).

"Appropriation" means line-item detail of spending approved by the General Assembly and Governor, categorized by object of expenditure.

"Individual consultants" means temporary workers eligible to receive State benefits paid on a State payroll.

"Recipients" means State agencies receiving appropriations.

(c) The ITAP shall provide direct access to each of the following:

(1) A database of all current State employees and individual consultants, except sworn law enforcement officers, sorted separately by:

(i) Name.

(ii) Employing State agency.

(iii) Employing State division.

(iv) Employment position title.

(v) Current pay rate and year-to-date pay.

(2) A database of all current State expenditures, sorted separately by agency, category, recipient, and Representative District.

(3) A database of all development assistance reportable pursuant to the Corporate Accountability for Tax Expenditures Act, sorted separately by tax credit category, taxpayer, and Representative District.

(4) A database of all revocations and suspensions of State occupation and use tax certificates of registration and all revocations and suspensions of State professional licenses, sorted separately by name, geographic location, and certificate of registration number or license number, as applicable. Professional license revocations and suspensions shall be posted only if resulting from a failure to pay taxes, license fees, or child support.

(5) A database of all current State contracts, sorted separately by contractor name, awarding officer or agency, contract value, and goods or services provided.

(6) A database of all employees hired after the effective date of this amendatory Act of 2010, sorted searchably by each of the following at the time of employment:

(i) Name.

(ii) Employing State agency.

(iii) Employing State division.

(iv) Employment position title.

(v) Current pay rate and year-to-date pay.

(vi) County of employment location.

(vii) Rutan status.

(viii) Status of position as subject to collective bargaining, subject to merit compensation, or exempt under Section 4d of the Personnel Code.

(ix) Employment status as probationary, trainee, intern, certified, or exempt from certification.

(x) Status as a military veteran.

(7) A database of the information submitted to the Department under subsections (c) and (e) of Section 405-336 of this Code.

(8) A database of the quarterly statements submitted to the Department under subsection (f) of Section 405-336 of this Code.

(9) A database of the archive and lists that the Department must maintain under subsection (g) of Section 405-336 of this Code.

(d) The ITAP shall include all information required to be published by subsection (c) of this Section that is available to the Department in a format the Department can compile and publish on the ITAP. The Department shall update the ITAP as additional information becomes available in a format that can be compiled and published on the ITAP by the Department.

(e) Each State agency shall cooperate with the Department in furnishing the information necessary for the implementation of this Section within a timeframe specified by the Department.

(Source: P.A. 96-225, eff. 1-1-10; 96-1387, eff. 1-1-11.)

(20 ILCS 405/405-336 new)

Sec. 405-336. Grantee information collection and reporting.

(a) As soon as possible after the effective date of this Section, the Department shall develop a standardized grantee data collection form and a standardized grantee reporting form and shall deliver an electronic copy of those forms to each State agency that awards grants of State funds. Beginning July 1, 2012, each State agency that awards grants of State funds shall maintain a copy of the standardized grantee data collection form and a copy of the standardized grantee reporting form on its website.

(b) The standardized grantee data collection form developed by the Department shall provide for the collection of the following information:

(1) the name, mailing address, e-mail address, phone number, and fax number of the individual or entity that applied to the State agency for the grant of State funds;

(2) in the case of an entity, its tax identification number, the dates when its fiscal year begins and ends, the name and title of its contact person, the uniform resource locator (URL) for its website, and a classification of the amount of its funding that comes from each of the following categories: federal governmental sources, state governmental sources, local governmental sources, and other sources of funding; and

(3) a succinct statement of the goals to be achieved through the award of the State grant funds.

(c) Each recipient of a grant of State funds shall accurately complete a grantee data collection form for each grant of State funds awarded on or after July 1, 2012 and shall submit a copy of the following items for each such grant to the Department not later than 30 days after the first disbursement of funds under that grant:

(1) a completed grantee data collection form;

(2) a completed grant application if one was required by the State agency; and

(3) in the case of a tax-exempt entity, a copy of its publicly filed and publicly disclosed IRS form 990, excluding Schedule B.

(d) The standardized grantee reporting form developed by the Department shall provide for the reporting of the following information:

(1) the outcomes achieved by the State-funded grant program (stated in a manner that expressly quantifies the public benefits resulting from the use of public moneys) since the date the State grant was awarded or the date the form was last filed by the recipient for that program, whichever is later;

(2) an assessment of the total and unit costs incurred to achieve the stated outcomes since the date the State grant was awarded or the date the form was last filed by the recipient for that program, whichever is later; and

(3) a table of the expenditures made with State grant funds by the grantee, for each of the following categories of expenses since the date the State grant was awarded or the date the form was last filed by the recipient for that program, whichever is later:

(A) personnel;

(B) contractual services;

(C) office supplies and materials;

(D) service-related supplies;

(E) travel;

(F) communications and postage;

(G) utilities;

(H) printing and binding;

(I) repair and maintenance;

(J) meeting and conference expenses;

(K) non-travel related employee training expenses;

(L) classified advertising;

(M) office rental;

(N) furniture rental;

(O) equipment rental;

(P) vehicle rental;

(Q) dues and subscriptions;

(R) insurance and bonding;

(S) books and reference materials;

(T) mortgage principal, interest, and bank fees;

(U) buildings and improvements;

(V) leasehold improvements;

(W) services other than contractual services;

(X) stipends, scholarships, bonuses, and grants;

(Y) food; and

(Z) any other expenses.

(e) Each recipient of a grant of State funds shall accurately complete a standardized grantee reporting form for each grant of State funds awarded on or after July 1, 2012 and shall submit a copy of the completed form to the Department not later than 3 months after the last day of each fiscal year of the grantee during which State grant funds are received.

(f) Each recipient of a grant of State funds of in excess of $25,000 whose grant agreement requires the filing of quarterly statements pursuant to subdivision (b)(2) of Section 4 of the Illinois Grant Funds Recovery Act shall submit to the Department a copy of each such quarterly statement that it files on or after July 1, 2012.

(g) If a recipient of a State grant awarded on or after July 1, 2012, fails to comply with subsection (c), (e), or (f) of this Section, then that grant recipient shall be placed on a non-compliance list, which shall be maintained on the Department's ITAP website and updated by the Department on a monthly basis. If that grant recipient remains on the non-compliance list for more than 2 months, then it shall be placed on a suspension of funding list, which shall also be maintained on the Department's ITAP website and updated by the Department on a monthly basis. Once a grant recipient's name appears on the suspension of funding list, no disbursements of State grant funds shall be made to that grant recipient and no State grants may be awarded to that grant recipient. The Department shall maintain a searchable archive of suspension of funding lists.

(h) Each grant agreement entered into between a State agency and a grant recipient on or after July 1, 2012 shall contain provisions that are consistent with the requirements of this Section.

(i) For the purposes of this Section:

"State agency" means the offices of the constitutional officers identified in Article V of the Illinois Constitution, executive agencies, and departments, boards, commissions, and authorities under the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.".