Full Text of HB0002 98th General Assembly
HB0002ham003 98TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2
| 2 | | AMENDMENT NO. ______. Amend House Bill 2, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Grant Funds Recovery Act is | 6 | | amended by adding Section 15 as follows: | 7 | | (30 ILCS 705/15 new) | 8 | | Sec. 15. Illinois Single Audit Commission. | 9 | | (a) There is created the Illinois Single Audit Commission. | 10 | | The Commission shall conduct research regarding the practices | 11 | | of the federal government in the administration of grants and | 12 | | create a report summarizing the Commission's recommendations | 13 | | regarding the adoption of uniform standards for the | 14 | | administration of grants in this State. | 15 | | (b) The Commission shall be comprised of one representative | 16 | | from each of the following grant-making Departments who is an |
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| 1 | | expert in grant subject matter, and who shall be appointed by | 2 | | the Governor, one of whom shall be designated as Chairperson: | 3 | | (1) Department on Aging; | 4 | | (2) Department of Children and Family Services; | 5 | | (3) Department of Healthcare and Family Services; | 6 | | (4) Department of Human Services; | 7 | | (5) Department of Public Health; | 8 | | (6) Criminal Justice Information Authority; | 9 | | (7) Department of Commerce and Economic Opportunity; | 10 | | (8) Department of Transportation; | 11 | | (9) Illinois State Board of Education; | 12 | | (10) Illinois Student Assistance Commission; | 13 | | (11)Department of Agriculture; | 14 | | (12) Environmental Protection Agency; and | 15 | | (13) Department of Natural Resources. | 16 | | In addition, a total of 4 representatives of community | 17 | | organizations, providers, or associations may be appointed by | 18 | | the Departments listed in subsection (b) as follows: 1 member | 19 | | may be appointed by the Departments listed in subparagraphs (1) | 20 | | through (6); 1 member may be appointed by the Departments | 21 | | listed in subparagraphs (7) and (8); 1 member may be appointed | 22 | | by the Departments listed in subparagraphs (9) and (10); and 1 | 23 | | member may be appointed by the Departments listed in | 24 | | subparagraphs (11) through (13). | 25 | | Should any of the Departments listed in subparagraphs (1) | 26 | | through (13) of subsection (b) deem that additional |
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| 1 | | representation by community organizations, providers, or | 2 | | associations is necessary, and the Commission as a whole is in | 3 | | concurrence with this decision, the Department or Departments | 4 | | may appoint additional members, provided, however, that no more | 5 | | than a total of 4 such additional members may be appointed to | 6 | | the Commission. | 7 | | The Governor may designate representatives of additional | 8 | | Departments with grant-making authority to serve as members of | 9 | | the Commission. | 10 | | (c) The Commission shall also include: a representative of | 11 | | the Governor's Office of Management and Budget, appointed by | 12 | | the Governor; four members of the General Assembly, one from | 13 | | the House Democratic Caucus, one from the House Republican | 14 | | Caucus, one from the Senate Democratic Caucus, and one from the | 15 | | one from the Senate Republican Caucus, all of which shall be | 16 | | appointed by the Governor; the Co-Chairs of the relevant | 17 | | subcommittees within the Management Initiative Improvement | 18 | | Committee (provided for under Section 1-37a of the Department | 19 | | of Human Services Act) may be included as members of the | 20 | | Commission if the Commission deems their inclusion necessary | 21 | | for the coordination of its efforts. | 22 | | (d) The recommendations in the Commission's report shall | 23 | | focus primarily on developing a coordinated, non-redundant | 24 | | process for the provision of effective and efficient oversight | 25 | | of the selection and monitoring of grant recipients, ensuring | 26 | | quality programs, and limiting fraud, waste, and abuse. The |
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| 1 | | report shall define the purpose, scope, applicability, and | 2 | | responsibilities in the life cycle of a grant, including the | 3 | | period before a grant is awarded, the period when a grant is | 4 | | awarded, and the period after a grant is awarded, as set forth | 5 | | in subsections (e) through (g) of this Section. To the extent | 6 | | feasible, the Commission's report shall include necessary | 7 | | statutory and rule changes required to implement any proposed | 8 | | actions. | 9 | | (e) The report shall examine and make recommendations for | 10 | | the following with regard to a grant before it is awarded: | 11 | | (1) criteria to define mandatory formula-based grants | 12 | | and discretionary grants; | 13 | | (2) whether three-year discretionary grants should | 14 | | exist in a competitive grant environment; | 15 | | (3) the development of uniform grant applications; | 16 | | (4) the development of uniform budget requirements; | 17 | | (5) the development of pre-qualification requirements | 18 | | of applicants, including the fiscal condition of the | 19 | | organization; | 20 | | (6) the development of minimum requirements of | 21 | | applicant staff to manage and execute grant awards for | 22 | | programmatic and administrative purposes; | 23 | | (7) the development of criteria for requiring the | 24 | | retention of a fiscal agent and for becoming a fiscal | 25 | | agent; and | 26 | | (8) the development of disclosure requirements |
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| 1 | | pertaining to related party status between grantees and | 2 | | grant-making agencies. | 3 | | (f) The report shall examine and make recommendations for | 4 | | the following with regard to a grant at the time it is awarded: | 5 | | (1) the development of uniform grant agreements; | 6 | | (2) the development of uniform reporting requirements, | 7 | | including budget-to-actual quarterly reports; | 8 | | (3) the implementation of uniform monitoring, | 9 | | including on-site fiscal and administrative control | 10 | | reviews on a risk-based approach to determine the required | 11 | | frequency of monitoring; | 12 | | (4) the development of payment methods, including | 13 | | advance and reconcile, capital advances, and | 14 | | reimbursement; | 15 | | (5) the development of administrative requirements; | 16 | | (6) the development of allowable cost principles; | 17 | | (7) the development of a conditional exemption | 18 | | process; | 19 | | (8) the development of standardized audit | 20 | | requirements; | 21 | | (9) the development of program performance reporting | 22 | | and budgeting for results; | 23 | | (10) the development of record retention and access | 24 | | requirements; and | 25 | | (11) the development of grant termination and | 26 | | enforcement procedures. |
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| 1 | | (g) The report shall examine and make recommendations for | 2 | | the following with regard to a grant after it has been awarded: | 3 | | (1) the development of standardized closeout | 4 | | procedures; | 5 | | (2) the development of standardized audit | 6 | | requirements; | 7 | | (3) the development of subsequent grant adjustments | 8 | | and continuing responsibilities; | 9 | | (4) the development of a uniform method of grant | 10 | | recovery; and | 11 | | (5) the development of an appeals process. | 12 | | (h) The report shall be filed with the General Assembly by | 13 | | January 1, 2014. | 14 | | (i) Definitions. As used in this Section: | 15 | | "Departments" means the agencies, boards, and | 16 | | commissions listed in subparagraph (b) of this Section, | 17 | | including any additional Departments designated by the | 18 | | Governor. | 19 | | "Grant" means an award of financial assistance, the | 20 | | principal purpose of which is to transfer a thing of value | 21 | | from a federal or state agency to a recipient to carry out | 22 | | a public purpose of support or stimulation authorized by a | 23 | | law of the United States or the State of Illinois. A grant | 24 | | is distinguished from a contract, which is used to acquire | 25 | | property or services for the federal or State government's | 26 | | direct benefit or use as defined in Section 210 of Subpart |
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| 1 | | B of federal Office of Management Board Circular A-133. | 2 | | Notwithstanding subparagraph (b) of Section 2 of this Act, | 3 | | fee-for-service purchase of care agreements are grants for | 4 | | purposes of this Section. | 5 | | Technical terms used in subsections (e) through (g) | 6 | | shall have the same meanings as provided for by their usage | 7 | | or definition in federal Office of Management Board | 8 | | Circular A-110. | 9 | | (j) The Commission shall operate with no direct costs to | 10 | | the State. The Office of the Governor shall coordinate with the | 11 | | Departments listed under subsection (b) to provide | 12 | | administrative support for the Commission. | 13 | | (k) This Section is repealed on April 1, 2014.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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