HB0002 98TH GENERAL ASSEMBLY

LRB098 02559 KMW 32563 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0002

Introduced 1/9/2013, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

30 ILCS 705/4	from Ch. 127, par. 2304
30 ILCS 705/11	from Ch. 127, par. 2311
30 ILCS 705/15 new

Amends the Illinois Grant Funds Recovery Act. Adds to the list of requirements on a grant application. Provides that a grant agreement must contain proof of either the existence of a line of credit or the financial solvency of the grantee. Prohibits the award of a grant if a family relationship exists between the grantee or its leadership and the funding agency. Provides that all administrators and service providers must be appropriately credentialed in their respective fields. Sets requirements concerning quarterly updates and reports to the grantor agency. Provides that if the funds received from the grant are used to provide State services, then the clients for recipients of those services may not be charged an additional fee for those services.

A BILL FOR

AN ACT concerning finance.

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

Section 5. The Illinois Grant Funds Recovery Act is amended by changing Sections 4 and 11 and by adding Section 15 as follows:

(30 ILCS 705/4) (from Ch. 127, par. 2304)

Sec. 4. Grant Application and Agreement Requirements.

(a) Any person or organization, public or private, desiring to receive grant funds must submit a grant application to the appropriate grantor agency. Applications for grant funds shall be made on prescribed forms developed by the grantor agency, and shall include, without being limited to, the following provisions:

(1) the name, address, chief officers, and general description, and organizational history of the applicant, together with the names of the chief officers of the applicant and the members of its board of directors or other governing body;

(2) a general description of the program, project, or use for which grant funding is requested;

(3) such plans, equipment lists, and other documents as may be required to show the type, structure, and general character of the program, project, or use for which grant funding is requested;

(4) cost estimates of developing, constructing, operating, or completing the program, project, or use for which grant funding is requested; and

(5) a program of proposed expenditures for the grant funds; and .

(6) a list of affiliations, including current or prior relationships, with any State agencies.

(b) Grant funds may not be used except pursuant to a written grant agreement, and any disbursement of grant funds without a grant agreement is void. At a minimum, a grant agreement must:

(1) describe the purpose of the grant and be signed by the grantor agency making the grant and all grantees of the grant;

(2) specify how payments shall be made, what constitutes permissible expenditure of the grant funds, and the financial controls applicable to the grant, including, for those grants in excess of $25,000, the filing of quarterly reports describing the progress of the program, project, or use and the expenditure of the grant funds related thereto;

(3) specify the period of time for which the grant is valid and, subject to the limitation of Section 5, the period of time during which grant funds may be expended by the grantee;

(4) contain a provision that any grantees receiving grant funds are required to permit the grantor agency, the Auditor General, or the Attorney General to inspect and audit any books, records, or papers related to the program, project, or use for which grant funds were provided;

(5) contain a provision that all funds remaining at the end of the grant agreement or at the expiration of the period of time grant funds are available for expenditure or obligation by the grantee shall be returned to the State within 45 days; and

(6) contain a provision in which the grantee certifies under oath that all information in the grant agreement is true and correct to the best of the grantee's knowledge, information, and belief; that the funds shall be used only for the purposes described in the grant agreement; and that the award of grant funds is conditioned upon such certification; and .

(7) contain proof of either the existence of a line of credit or the financial solvency of the grantee.

(c) No family relationship, which may be defined as one or more persons each related to the other by blood, marriage, or adoption and maintaining a common household, may exist between the grantee or its leadership and the funding agency.

(d) All contracts entered into pursuant to this Act are subject to the requirements of the Illinois Procurement Code.

(e) All administrators and service providers must be appropriately credentialed in their respective fields, as required under State or federal law.

(f) A grantee must provide a certificate of good standing from the Secretary of State's Department of Business Services and the Office of the Attorney General's Charitable Trusts Bureau prior to receiving funding, and again for each year of a multi-year award.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)

(30 ILCS 705/11) (from Ch. 127, par. 2311)

Sec. 11. Accounting Requirements. Each grantee is under an affirmative duty to keep proper, complete and accurate accounting records of all grant funds the grantee administers. A grantee must provide to the grantor agency quarterly updates that include program goals, expected outcomes, progress to date on goals and outcomes, and current financial reports. Each grantee must also provide to the grantor agency quarterly reports listing each expenditure of grant funds made during that quarter, including, but not limited to, the identification by name and address of the specific recipient of each expenditure.

(Source: P.A. 83-640.)

(30 ILCS 705/15 new)

Sec. 15. State services. If the funds received from the State grant are used to provide State services, then the clients for recipients of those services may not be charged an additional fee for those services.