§36-2.5 - Full disclosure of entities receiving state awards.

§36-2.5 Full disclosure of entities
receiving state awards. (a) In this section, unless the context indicates
otherwise:

"Entity":

(1) Includes, whether for profit or nonprofit:

(A) A corporation;

(B) An association;

(D) A limited liability company;

(E) A limited liability partnership;

(F) A sole proprietorship;

(G) Any other legal business entity;

(H) Any other grantee or contractor that is
not excluded by [paragraph] (2) or (3); and

(I) Any state or county entity;

(2) On and after January 1, 2010, includes any
subcontractor or subgrantee; and

(3) Does not include:

(A) An individual recipient of state public
assistance; or

(B) A state employee.

"Searchable website" means a website
that allows the public to:

(1) Search state awards by any identifying element
required by subsection (b);

(2) Ascertain through a single search the total
amount of funding awarded to an entity by state award that is a grant,
subgrant, loan, awards cooperative agreement, or other form of financial
assistance, by fiscal year;

(3) Ascertain through a single search the total
amount of funding awarded to an entity by a state award that is a contract,
subcontract, purchase order, task order, or delivery order, by fiscal year; and

(4) Download data included in paragraph (1) included
in the outcome from searches.

"State award" means state financial
assistance and expenditures that:

(1) Are grants, subgrants, loans, awards, cooperative
agreements, other forms of financial assistance, contracts, subcontracts,
purchase orders, task orders, and delivery orders;

(2) Do not include single transactions less than
$25,000; and

(3) Before October 1, 2009, do not include credit
card transactions.

(b) Not later than January 1, 2009, the
department of budget and finance, in accordance with this section, shall
establish, implement, and maintain a single searchable website, accessible by
the public at no cost, that includes for each state award:

(1) The name of the entity receiving the award;

(2) The amount of the award;

(3) Information on the award, including transaction
type, funding agency, program source, and an award title descriptive of the
purpose of each funding action;

(4) The full address of the entity receiving the
award and the primary location of performance under the award;

(5) A unique identifier of the entity receiving the
award and of the parent entity of the recipient, if the entity is owned by
another entity; and

(6) Any other relevant information specified by the
department of budget and finance.

The website shall include data for fiscal year
2008 and each fiscal year thereafter.

The director of finance is authorized to
designate one or more state agencies to participate in the development,
establishment, maintenance, and support of the website; provided that the
department of accounting and general services, in collaboration with the
department of budget and finance, is responsible for collecting and posting on
the website, the information that is required by this subsection. In the
initial designation, or in subsequent instructions and guidance, the director
may specify the scope of the responsibilities of each agency.

State agencies shall comply with the
instructions and guidance issued by the director of finance and shall provide
appropriate assistance to the director upon request, so as to assist the
director in ensuring the existence and operation of the website.

(1) Shall provide an opportunity for the public to
provide input about the utility of the site and recommendations for
improvements;

(2) Shall be updated not later than thirty days after
the award of any state award requiring a posting; and

(3) Shall provide for separate searches for the state
awards;

provided that, notwithstanding any provision under
this section to the contrary, except for information that is disclosed in the
aggregate, information on any state award that is tax related and authorized
under title 14 shall be disclosed pursuant to taxpayer disclosure provisions
under title 14.

(d) Not later than July 1, 2008, the director
of finance shall establish and implement a pilot program to:

(1) Test the collection and accession of data about
subgrants and subcontracts; and

(2) Determine how to implement a subaward reporting
program across the State, including:

(A) A reporting system under which the entity
issuing a subgrant or subcontract is responsible for fulfilling the subaward
reporting requirement; and

(B) A mechanism for collecting and incorporating
agency and public feedback on the design and utility of the website.

The pilot program shall terminate not later
than January 1, 2010.

(e) Based on the pilot program, not later than
January 1, 2010, the director of finance:

(1) Shall ensure that data regarding subawards are
disclosed in the same manner as data regarding other state awards; and

(2) Shall ensure that the method for collecting and
distributing data about subawards:

(A) Minimizes burdens imposed on state award
recipients and subaward recipients;

(B) Allows state award recipients and subaward
recipients to allocate reasonable costs for the collection and reporting of
subaward data as indirect costs; and

(C) Establishes cost-effective requirements
for collecting subaward data under block grants, formula grants, and other
types of assistance to local governments.

For subaward recipients that receive state
funds through county governments, the director of finance may extend the
deadline for ensuring that data regarding such subawards are disclosed in the
same manner as data regarding other state awards for a period not to exceed
eighteen months, if the director determines that compliance would impose an
undue burden on the subaward recipient.

(f) Any entity that demonstrates to the
director of finance that the gross income, from all sources, for the entity did
not exceed $300,000 in the previous tax year of that entity shall be exempt
from the requirement to report subawards under subsection (d), until the
director determines that the imposition of such reporting requirements will not
cause an undue burden on the entity.

(g) Nothing in this section shall prohibit the
department of budget and finance from including through the website established
under this section access to data that is publicly available in any other state
database.

(h) The director of finance shall submit to
the legislature not later than twenty days prior to the convening of each
regular session an annual report regarding the website established under this section.

Each report shall include:

(1) Data regarding the usage and public feedback on
the utility of the site (including recommendations for improving data quality
and collection);

(2) An assessment of the reporting burden placed on
state award and subaward recipients; and

(3) An explanation of any extension of the subaward
reporting deadline, if applicable.

The director of finance shall make each report
publicly available on the website established under this section.

(i) Nothing in this section shall require the
disclosure of classified information. [L 2007, c 272, §1; am L 2009, c 164, §1]