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.


LRB098 02559 KMW 32563 b

 

 

A BILL FOR

 

HB0002LRB098 02559 KMW 32563 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Grant Funds Recovery Act is amended
5by changing Sections 4 and 11 and by adding Section 15 as
6follows:
 
7    (30 ILCS 705/4)  (from Ch. 127, par. 2304)
8    Sec. 4. Grant Application and Agreement Requirements.
9    (a) Any person or organization, public or private, desiring
10to receive grant funds must submit a grant application to the
11appropriate grantor agency. Applications for grant funds shall
12be made on prescribed forms developed by the grantor agency,
13and shall include, without being limited to, the following
14provisions:
15        (1) the name, address, chief officers, and general
16    description, and organizational history of the applicant,
17    together with the names of the chief officers of the
18    applicant and the members of its board of directors or
19    other governing body;
20        (2) a general description of the program, project, or
21    use for which grant funding is requested;
22        (3) such plans, equipment lists, and other documents as
23    may be required to show the type, structure, and general

 

 

HB0002- 2 -LRB098 02559 KMW 32563 b

1    character of the program, project, or use for which grant
2    funding is requested;
3        (4) cost estimates of developing, constructing,
4    operating, or completing the program, project, or use for
5    which grant funding is requested; and
6        (5) a program of proposed expenditures for the grant
7    funds; and .
8        (6) a list of affiliations, including current or prior
9    relationships, with any State agencies.
10    (b) Grant funds may not be used except pursuant to a
11written grant agreement, and any disbursement of grant funds
12without a grant agreement is void. At a minimum, a grant
13agreement must:
14        (1) describe the purpose of the grant and be signed by
15    the grantor agency making the grant and all grantees of the
16    grant;
17        (2) specify how payments shall be made, what
18    constitutes permissible expenditure of the grant funds,
19    and the financial controls applicable to the grant,
20    including, for those grants in excess of $25,000, the
21    filing of quarterly reports describing the progress of the
22    program, project, or use and the expenditure of the grant
23    funds related thereto;
24        (3) specify the period of time for which the grant is
25    valid and, subject to the limitation of Section 5, the
26    period of time during which grant funds may be expended by

 

 

HB0002- 3 -LRB098 02559 KMW 32563 b

1    the grantee;
2        (4) contain a provision that any grantees receiving
3    grant funds are required to permit the grantor agency, the
4    Auditor General, or the Attorney General to inspect and
5    audit any books, records, or papers related to the program,
6    project, or use for which grant funds were provided;
7        (5) contain a provision that all funds remaining at the
8    end of the grant agreement or at the expiration of the
9    period of time grant funds are available for expenditure or
10    obligation by the grantee shall be returned to the State
11    within 45 days; and
12        (6) contain a provision in which the grantee certifies
13    under oath that all information in the grant agreement is
14    true and correct to the best of the grantee's knowledge,
15    information, and belief; that the funds shall be used only
16    for the purposes described in the grant agreement; and that
17    the award of grant funds is conditioned upon such
18    certification; and .
19        (7) contain proof of either the existence of a line of
20    credit or the financial solvency of the grantee.
21    (c) No family relationship, which may be defined as one or
22more persons each related to the other by blood, marriage, or
23adoption and maintaining a common household, may exist between
24the grantee or its leadership and the funding agency.
25    (d) All contracts entered into pursuant to this Act are
26subject to the requirements of the Illinois Procurement Code.

 

 

HB0002- 4 -LRB098 02559 KMW 32563 b

1    (e) All administrators and service providers must be
2appropriately credentialed in their respective fields, as
3required under State or federal law.
4    (f) A grantee must provide a certificate of good standing
5from the Secretary of State's Department of Business Services
6and the Office of the Attorney General's Charitable Trusts
7Bureau prior to receiving funding, and again for each year of a
8multi-year award.
9(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
10for the effective date of changes made by P.A. 96-795).)
 
11    (30 ILCS 705/11)  (from Ch. 127, par. 2311)
12    Sec. 11. Accounting Requirements. Each grantee is under an
13affirmative duty to keep proper, complete and accurate
14accounting records of all grant funds the grantee administers.
15A grantee must provide to the grantor agency quarterly updates
16that include program goals, expected outcomes, progress to date
17on goals and outcomes, and current financial reports. Each
18grantee must also provide to the grantor agency quarterly
19reports listing each expenditure of grant funds made during
20that quarter, including, but not limited to, the identification
21by name and address of the specific recipient of each
22expenditure.
23(Source: P.A. 83-640.)
 
24    (30 ILCS 705/15 new)

 

 

HB0002- 5 -LRB098 02559 KMW 32563 b

1    Sec. 15. State services. If the funds received from the
2State grant are used to provide State services, then the
3clients for recipients of those services may not be charged an
4additional fee for those services.