Public Act 104-0841
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| Public Act 104-0841 | ||||
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AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The State Fire Marshal Act is amended by | ||||
changing Section 2.8 as follows: | ||||
(20 ILCS 2905/2.8) | ||||
Sec. 2.8. Fire Station Rehabilitation and Construction | ||||
Grant Program. The Office shall establish and administer a | ||||
Fire Station Rehabilitation and Construction Grant Program to | ||||
award grants to units of local government and not-for-profit | ||||
fire departments exempt from federal income taxes under | ||||
Section 501(c)(3) of the Internal Revenue Code for the | ||||
rehabilitation or construction of fire stations. The Office | ||||
shall adopt any rules necessary for the implementation and | ||||
administration of this Section. | ||||
(Source: P.A. 103-8, eff. 6-7-23.) | ||||
Section 10. The Governor's Office of Management and Budget | ||||
Act is amended by changing Section 2.9 as follows: | ||||
(20 ILCS 3005/2.9) | ||||
Sec. 2.9. Pursuant to the Grant Accountability and | ||||
Transparency Act, to maintain a list of those individuals and | ||||
entities that are ineligible, either temporarily or | ||
permanently, to receive an award of grant funds from the | ||
State. | ||
(Source: P.A. 98-706, eff. 7-16-14.) | ||
Section 15. The Grant Accountability and Transparency Act | ||
is amended by changing Sections 15, 60, and 105 as follows: | ||
(30 ILCS 708/15) | ||
Sec. 15. Definitions. As used in this Act: | ||
"Allowable cost" means a cost allowable to a project if: | ||
(1) the costs are reasonable and necessary for the | ||
performance of the award; | ||
(2) the costs are allocable to the specific project; | ||
(3) the costs are treated consistently in like | ||
circumstances to both federally-financed and other | ||
activities of the non-federal entity; | ||
(4) the costs conform to any limitations of the cost | ||
principles or the sponsored agreement; | ||
(5) the costs are accorded consistent treatment; a | ||
cost may not be assigned to a State or federal award as a | ||
direct cost if any other cost incurred for the same | ||
purpose in like circumstances has been allocated to the | ||
award as an indirect cost; | ||
(6) the costs are determined to be in accordance with | ||
generally accepted accounting principles; | ||
(7) the costs are not included as a cost or used to | ||
meet federal cost-sharing or matching requirements of any | ||
other program in either the current or prior period; | ||
(8) the costs of one State or federal grant are not | ||
used to meet the match requirements of another State or | ||
federal grant; and | ||
(9) the costs are adequately documented. | ||
"Assistance listings" means the publicly available listing | ||
of federal assistance programs managed and administered by the | ||
General Services Administration, formerly known as the Catalog | ||
of Federal Domestic Assistance (CFDA). | ||
"Assistance listing number" or "ALN" means a unique number | ||
assigned to identify a federal assistance listing, formerly | ||
known as the CFDA Number. | ||
"Auditee" means any non-federal entity that expends State | ||
or federal awards that must be audited. | ||
"Auditor" means an auditor who is a public accountant or a | ||
federal, State, or local government audit organization that | ||
meets the general standards specified in generally-accepted | ||
government auditing standards. "Auditor" does not include | ||
internal auditors of nonprofit organizations. | ||
"Auditor General" means the Auditor General of the State | ||
of Illinois. | ||
"Award" means financial assistance that provides support | ||
or stimulation to accomplish a public purpose. "Awards" | ||
include grants and other agreements in the form of money, or | ||
property in lieu of money, by the State or federal government | ||
to an eligible recipient. "Award" does not include: technical | ||
assistance that provides services instead of money; other | ||
assistance in the form of loans, loan guarantees, interest | ||
subsidies, or insurance; direct payments of any kind to | ||
individuals; or contracts that must be entered into and | ||
administered under State or federal procurement laws and | ||
regulations. | ||
"Budget" means the financial plan for the project or | ||
program that the awarding agency or pass-through entity | ||
approves during the award process or in subsequent amendments | ||
to the award. It may include the State or federal and | ||
non-federal share or only the State or federal share, as | ||
determined by the awarding agency or pass-through entity. | ||
"Catalog of State Financial Assistance" means the single, | ||
authoritative, statewide, comprehensive source document of | ||
State financial assistance program information maintained by | ||
the Governor's Office of Management and Budget. | ||
"Catalog of State Financial Assistance Number" means the | ||
number assigned to a State program in the Catalog of State | ||
Financial Assistance. The first 3 digits represent the State | ||
agency number and the last 4 digits represent the program. | ||
"Cluster of programs" means a grouping of closely related | ||
programs that share common compliance requirements. The types | ||
of clusters of programs are research and development, student | ||
financial aid, and other clusters. A "cluster of programs" | ||
shall be considered as one program for determining major | ||
programs and, with the exception of research and development, | ||
whether a program-specific audit may be elected. | ||
"Cognizant agency for audit" means the federal agency | ||
designated to carry out the responsibilities described in 2 | ||
CFR Part 200, Subpart F - Audit Requirements. | ||
"Contract" means a legal instrument by which a non-federal | ||
entity purchases property or services needed to carry out the | ||
project or program under an award. "Contract" does not include | ||
a legal instrument, even if the non-federal entity considers | ||
it a contract, when the substance of the transaction meets the | ||
definition of an award or subaward. | ||
"Contractor" means an entity that receives a contract. | ||
"Cooperative agreement" means a legal instrument of | ||
financial assistance between an awarding agency or | ||
pass-through entity and a non-federal entity that: | ||
(1) is used to enter into a relationship with the | ||
principal purpose of transferring anything of value from | ||
the awarding agency or pass-through entity to the | ||
non-federal entity to carry out a public purpose | ||
authorized by law, but is not used to acquire property or | ||
services for the awarding agency's or pass-through | ||
entity's direct benefit or use; and | ||
(2) is distinguished from a grant in that it provides | ||
for substantial involvement between the awarding agency or | ||
pass-through entity and the non-federal entity in carrying | ||
out the activity contemplated by the award. | ||
"Cooperative agreement" does not include a cooperative | ||
research and development agreement, nor an agreement that | ||
provides only direct cash assistance to an individual, a | ||
subsidy, a loan, a loan guarantee, or insurance. | ||
"Corrective action" means action taken by the auditee that | ||
(i) corrects identified deficiencies, (ii) produces | ||
recommended improvements, or (iii) demonstrates that audit | ||
findings are either invalid or do not warrant auditee action. | ||
"Cost objective" means a program, function, activity, | ||
award, organizational subdivision, contract, or work unit for | ||
which cost data is desired and for which provision is made to | ||
accumulate and measure the cost of processes, products, jobs, | ||
and capital projects. A "cost objective" may be a major | ||
function of the non-federal entity, a particular service or | ||
project, an award, or an indirect cost activity. | ||
"Cost sharing" means the portion of project costs not paid | ||
by State or federal funds, unless otherwise authorized by | ||
statute. | ||
"Development" is the systematic use of knowledge and | ||
understanding gained from research directed toward the | ||
production of useful materials, devices, systems, or methods, | ||
including design and development of prototypes and processes. | ||
"Direct costs" means: | ||
(1) costs that can be identified specifically with a | ||
particular final cost objective, such as a State or | ||
federal or federal pass-through award or a particular | ||
sponsored project, an instructional activity, or any other | ||
institutional activity, or that can be directly assigned | ||
to such activities relatively easily with a high degree of | ||
accuracy; | ||
(2) costs charged directly to a State or federal award | ||
that are for the compensation of employees who work on | ||
that award, their related fringe benefits, or the costs of | ||
materials and other items of expense incurred for the | ||
State or federal award; | ||
(3) costs that are directly related to a specific | ||
award but that would otherwise be treated as indirect | ||
costs; | ||
(4) salaries of administrative and clerical staff only | ||
if all the following conditions are met: | ||
(A) the individual's services are integral to a | ||
project or activity; | ||
(B) the individual can be specifically identified | ||
with the project or activity; | ||
(C) the costs are explicitly included in the | ||
budget or have the prior written approval of the State | ||
awarding agency; and | ||
(D) the costs are not also recovered as indirect | ||
costs. | ||
Costs incurred for the same purpose in like circumstances | ||
must be treated consistently as either direct costs or | ||
indirect costs. | ||
"Equipment" means tangible personal property (including | ||
information technology systems) having a useful life of more | ||
than one year and a per-unit acquisition cost that equals or | ||
exceeds the lesser of the capitalization level established by | ||
the non-federal entity for financial statement purposes, or | ||
$5,000. | ||
"Executive branch" means that branch of State government | ||
that is under the jurisdiction of the Governor. | ||
"Federal agency" has the meaning provided for "agency" | ||
under 5 U.S.C. 551(1) together with the meaning provided for | ||
"agency" by 5 U.S.C. 552(f). | ||
"Federal award" means: | ||
(1) the federal financial assistance that a | ||
non-federal entity receives directly from a federal | ||
awarding agency or indirectly from a pass-through entity; | ||
(2) the cost-reimbursement contract under the Federal | ||
Acquisition Regulations that a non-federal entity receives | ||
directly from a federal awarding agency or indirectly from | ||
a pass-through entity; or | ||
(3) the instrument setting forth the terms and | ||
conditions when the instrument is the grant agreement, | ||
cooperative agreement, other agreement for assistance | ||
covered in 2 CFR Part 200, Subpart A, Acronyms and | ||
Definitions, or the cost-reimbursement contract awarded | ||
under the Federal Acquisition Regulations. | ||
"Federal award" does not include other contracts that a | ||
federal agency uses to buy goods or services from a contractor | ||
or a contract to operate federal government owned, | ||
contractor-operated facilities. | ||
"Federal awarding agency" means the federal agency that | ||
provides a federal award directly to a non-federal entity. | ||
"Federal interest" means, for purposes of 2 CFR 200, | ||
Subpart D, Post Federal Award Requirements (Performance and | ||
Financial Monitoring and Reporting) or when used in connection | ||
with the acquisition or improvement of real property, | ||
equipment, or supplies under a federal award, the dollar | ||
amount that is the product of the federal share of total | ||
project costs and current fair market value of the property, | ||
improvements, or both, to the extent the costs of acquiring or | ||
improving the property were included as project costs. | ||
"Federal program" means any of the following: | ||
(1) All federal awards which are assigned a single | ||
number in the assistance listings. | ||
(2) When no assistance listing number is assigned, all | ||
federal awards to non-federal entities from the same | ||
agency made for the same purpose should be combined and | ||
considered one program. | ||
(3) Notwithstanding paragraphs (1) and (2) of this | ||
definition, a cluster of programs. The types of clusters | ||
of programs are: | ||
(A) research and development; | ||
(B) student financial aid; and | ||
(C) "other clusters", as described in the | ||
definition of "cluster of programs". | ||
"Federal share" means the portion of the total project | ||
costs that are paid by federal funds. | ||
"Final cost objective" means a cost objective which has | ||
allocated to it both direct and indirect costs and, in the | ||
non-federal entity's accumulation system, is one of the final | ||
accumulation points, such as a particular award, internal | ||
project, or other direct activity of a non-federal entity. | ||
"Financial assistance" means the following: | ||
(1) For grants and cooperative agreements, "financial | ||
assistance" means assistance that non-federal entities | ||
receive or administer in the form of: | ||
(A) grants; | ||
(B) cooperative agreements; | ||
(C) non-cash contributions or donations of | ||
property, including donated surplus property; | ||
(D) direct appropriations; | ||
(E) food commodities; and | ||
(F) other financial assistance, except assistance | ||
listed in paragraph (2) of this definition. | ||
(2) "Financial assistance" includes assistance that | ||
non-federal entities receive or administer in the form of | ||
loans, loan guarantees, interest subsidies, and insurance. | ||
(3) "Financial assistance" does not include amounts | ||
received as reimbursement for services rendered to | ||
individuals. | ||
"Fixed amount awards" means a type of grant agreement | ||
under which the awarding agency or pass-through entity | ||
provides a specific level of support without regard to actual | ||
costs incurred under the award. "Fixed amount awards" reduce | ||
some of the administrative burden and record-keeping | ||
requirements for both the non-federal entity and awarding | ||
agency or pass-through entity. Accountability is based | ||
primarily on performance and results. | ||
"Foreign public entity" means: | ||
(1) a foreign government or foreign governmental | ||
entity; | ||
(2) a public international organization that is | ||
entitled to enjoy privileges, exemptions, and immunities | ||
as an international organization under the International | ||
Organizations Immunities Act (22 U.S.C. 288-288f); | ||
(3) an entity owned, in whole or in part, or | ||
controlled by a foreign government; or | ||
(4) any other entity consisting wholly or partially of | ||
one or more foreign governments or foreign governmental | ||
entities. | ||
"Foreign organization" means an entity that is: | ||
(1) a public or private organization located in a | ||
country other than the United States and its territories | ||
that are subject to the laws of the country in which it is | ||
located, irrespective of the citizenship of project staff | ||
or place of performance; | ||
(2) a private nongovernmental organization located in | ||
a country other than the United States that solicits and | ||
receives cash contributions from the general public; | ||
(3) a charitable organization located in a country | ||
other than the United States that is nonprofit and tax | ||
exempt under the laws of its country of domicile and | ||
operation, but is not a university, college, accredited | ||
degree-granting institution of education, private | ||
foundation, hospital, organization engaged exclusively in | ||
research or scientific activities, church, synagogue, | ||
mosque, or other similar entity organized primarily for | ||
religious purposes; or | ||
(4) an organization located in a country other than | ||
the United States not recognized as a Foreign Public | ||
Entity. | ||
"Fringe benefits" has the same meaning as provided in 2 | ||
CFR Part 200, Subpart E - Cost Principles. | ||
"Generally Accepted Accounting Principles" has the meaning | ||
provided in accounting standards issued by the Government | ||
Accounting Standards Board and the Financial Accounting | ||
Standards Board. | ||
"Generally Accepted Government Auditing Standards" means | ||
generally accepted government auditing standards issued by the | ||
Comptroller General of the United States that are applicable | ||
to financial audits. | ||
"Grant agreement" means a legal instrument of financial | ||
assistance between an awarding agency or pass-through entity | ||
and a non-federal entity that: | ||
(1) is used to enter into a relationship, the | ||
principal purpose of which is to transfer anything of | ||
value from the awarding agency or pass-through entity to | ||
the non-federal entity to carry out a public purpose | ||
authorized by law and not to acquire property or services | ||
for the awarding agency or pass-through entity's direct | ||
benefit or use; and | ||
(2) is distinguished from a cooperative agreement in | ||
that it does not provide for substantial involvement | ||
between the awarding agency or pass-through entity and the | ||
non-federal entity in carrying out the activity | ||
contemplated by the award. | ||
"Grant agreement" does not include an agreement that | ||
provides only direct cash assistance to an individual, a | ||
subsidy, a loan, a loan guarantee, or insurance. | ||
"Grant application" means a specified form that is | ||
completed by a non-federal entity in connection with a request | ||
for a specific funding opportunity or a request for financial | ||
support of a project or activity. | ||
"Hospital" means a facility licensed as a hospital under | ||
the law of any state or a facility operated as a hospital by | ||
the United States, a state, or a subdivision of a state. | ||
"Illinois Stop Payment List" or "Illinois Debarred and | ||
Suspended List" means the list maintained by the Governor's | ||
Office of Management and Budget that contains the names of | ||
those individuals and entities that are ineligible, either | ||
temporarily or permanently, from receiving an award of grant | ||
funds from the State. | ||
"Indirect cost" means those costs incurred for a common or | ||
joint purpose benefiting more than one cost objective and not | ||
readily assignable to the cost objectives specifically | ||
benefited without effort disproportionate to the results | ||
achieved. | ||
"Inspector General" means the Office of the Executive | ||
Inspector General for Executive branch agencies. | ||
"Loan" means a State or federal loan or loan guarantee | ||
received or administered by a non-federal entity. "Loan" does | ||
not include a "program income" as defined in 2 CFR 200, Subpart | ||
A, Acronyms and Definitions. | ||
"Loan guarantee" means any State or federal government | ||
guarantee, insurance, or other pledge with respect to the | ||
payment of all or a part of the principal or interest on any | ||
debt obligation of a non-federal borrower to a non-federal | ||
lender, but does not include the insurance of deposits, | ||
shares, or other withdrawable accounts in financial | ||
institutions. | ||
"Local government" has the meaning provided for the term | ||
"units of local government" under Section 1 of Article VII of | ||
the Illinois Constitution and includes school districts. | ||
"Major program" means a federal program determined by the | ||
auditor to be a major program in accordance with 2 CFR Part | ||
200, Subpart F - Audit Requirements or a program identified as | ||
a major program by a federal awarding agency or pass-through | ||
entity in accordance with 2 CFR Part 200, Subpart F - Audit | ||
Requirements. | ||
"Non-federal entity" means a state, local government, | ||
Indian tribe, institution of higher education, or | ||
organization, whether nonprofit or for-profit, that carries | ||
out a State or federal award as a recipient or subrecipient. | ||
"Nonprofit organization" means any corporation, trust, | ||
association, cooperative, or other organization, not including | ||
institutions of higher education, that: | ||
(1) is operated primarily for scientific, educational, | ||
service, charitable, or similar purposes in the public | ||
interest; | ||
(2) is not organized primarily for profit; and | ||
(3) uses net proceeds to maintain, improve, or expand | ||
the operations of the organization. | ||
"Obligations", when used in connection with a non-federal | ||
entity's utilization of funds under an award, means orders | ||
placed for property and services, contracts and subawards | ||
made, and similar transactions during a given period that | ||
require payment by the non-federal entity during the same or a | ||
future period. | ||
"Office of Management and Budget" means the Office of | ||
Management and Budget of the Executive Office of the | ||
President. | ||
"Other clusters" has the meaning provided by the federal | ||
Office of Management and Budget in the compliance supplement | ||
or has the meaning as it is designated by a state for federal | ||
awards the state provides to its subrecipients that meet the | ||
definition of a cluster of programs. When designating an | ||
"other cluster", a state must identify the federal awards | ||
included in the cluster and advise the subrecipients of | ||
compliance requirements applicable to the cluster. | ||
"Oversight agency for audit" means the federal awarding | ||
agency that provides the predominant amount of funding | ||
directly to a non-federal entity not assigned a cognizant | ||
agency for audit. When there is no direct funding, the | ||
awarding agency that is the predominant source of pass-through | ||
funding must assume the oversight responsibilities. The duties | ||
of the oversight agency for audit and the process for any | ||
reassignments are described in 2 CFR Part 200, Subpart F - | ||
Audit Requirements. | ||
"Pass-through entity" means a non-federal entity that | ||
provides a subaward to a subrecipient to carry out part of a | ||
program. | ||
"Private award" means an award from a person or entity | ||
other than a State or federal entity. Private awards are not | ||
subject to the provisions of this Act. | ||
"Property" means real property or personal property. | ||
"Project cost" means total allowable costs incurred under | ||
an award and all required cost sharing and voluntary committed | ||
cost sharing, including third-party contributions. | ||
"Public institutions of higher education" has the meaning | ||
provided in Section 1 of the Board of Higher Education Act. | ||
"Recipient" means a non-federal entity that receives an | ||
award directly from an awarding agency to carry out an | ||
activity under a program. "Recipient" does not include | ||
subrecipients or individuals who are beneficiaries of the | ||
award. | ||
"Research and Development" means all research activities, | ||
both basic and applied, and all development activities that | ||
are performed by non-federal entities. | ||
"Single Audit Act" means the federal Single Audit Act | ||
Amendments of 1996 (31 U.S.C. 7501-7507). | ||
"State agency" means an Executive branch agency. For | ||
purposes of this Act, "State agency" does not include public | ||
institutions of higher education. | ||
"State award" means the financial assistance that a | ||
non-federal entity receives from the State and that is funded | ||
with either State funds or federal funds; in the latter case, | ||
the State is acting as a pass-through entity. | ||
"State awarding agency" means a State agency that provides | ||
an award to a non-federal entity. | ||
"State grant-making agency" has the same meaning as "State | ||
awarding agency". | ||
"State interest" means the acquisition or improvement of | ||
real property, equipment, or supplies under a State award, the | ||
dollar amount that is the product of the State share of the | ||
total project costs and current fair market value of the | ||
property, improvements, or both, to the extent the costs of | ||
acquiring or improving the property were included as project | ||
costs. | ||
"State program" means any of the following: | ||
(1) All State awards which are assigned a single | ||
number in the Catalog of State Financial Assistance. | ||
(2) When no Catalog of State Financial Assistance | ||
number is assigned, all State awards to non-federal | ||
entities from the same agency made for the same purpose | ||
are considered one program. | ||
(3) A cluster of programs as defined in this Section. | ||
"State share" means the portion of the total project costs | ||
that are paid by State funds. | ||
"Stop payment order" means a communication from a State | ||
grant-making agency to the Office of the Comptroller, | ||
following procedures set out by the Office of the Comptroller, | ||
causing the cessation of payments to a recipient or | ||
subrecipient as a result of the recipient's or subrecipient's | ||
failure to comply with one or more terms of the grant or | ||
subaward. | ||
"Stop payment procedure" means the procedure created by | ||
the Office of the Comptroller which effects a stop payment | ||
order and the lifting of a stop payment order upon the request | ||
of the State grant-making agency. | ||
"Student Financial Aid" means federal awards under those | ||
programs of general student assistance, such as those | ||
authorized by Title IV of the Higher Education Act of 1965, as | ||
amended (20 U.S.C. 1070-1099d), that are administered by the | ||
United States Department of Education and similar programs | ||
provided by other federal agencies. "Student Financial Aid" | ||
does not include federal awards under programs that provide | ||
fellowships or similar federal awards to students on a | ||
competitive basis or for specified studies or research. | ||
"Subaward" means a State or federal award provided by a | ||
pass-through entity to a subrecipient for the subrecipient to | ||
carry out part of a federal award received by the pass-through | ||
entity. "Subaward" does not include payments to a contractor | ||
or payments to an individual that is a beneficiary of a federal | ||
program. A "subaward" may be provided through any form of | ||
legal agreement, including an agreement that the pass-through | ||
entity considers a contract. | ||
"Subrecipient" means a non-federal entity that receives a | ||
State or federal subaward from a pass-through entity to carry | ||
out part of a State or federal program. "Subrecipient" does | ||
not include an individual that is a beneficiary of such | ||
program. A "subrecipient" may also be a recipient of other | ||
State or federal awards directly from a State or federal | ||
awarding agency. | ||
"Suspension" means a post-award action by the State or | ||
federal agency or pass-through entity that temporarily | ||
withdraws the State or federal agency's or pass-through | ||
entity's financial assistance sponsorship under an award, | ||
pending corrective action by the recipient or subrecipient or | ||
pending a decision to terminate the award. | ||
"Uniform Administrative Requirements, Costs Principles, | ||
and Audit Requirements for Federal Awards" means those rules | ||
applicable to grants contained in 2 CFR Part 200. | ||
"Unique Entity Identifier" means the number that is | ||
established and assigned by the federal government on the | ||
System for Award Management website (SAM.gov) to uniquely | ||
identify entities and, under federal law, is required for | ||
nonfederal entities to apply for, receive, and report on a | ||
federal award. | ||
"Voluntary committed cost sharing" means cost sharing | ||
specifically pledged on a voluntary basis in the proposal's | ||
budget or the award on the part of the non-federal entity and | ||
that becomes a binding requirement of the award. | ||
(Source: P.A. 103-616, eff. 7-1-24; 103-1068, eff. 3-21-25; | ||
104-417, eff. 8-15-25.) | ||
(30 ILCS 708/60) | ||
Sec. 60. Grant Accountability and Transparency Unit | ||
responsibilities. | ||
(a) The Grant Accountability and Transparency Unit within | ||
the Governor's Office of Management and Budget shall be | ||
responsible for: | ||
(1) The development of minimum requirements applicable | ||
to the staff of grant applicants to manage and execute | ||
grant awards for programmatic and administrative purposes, | ||
including grant management specialists with: | ||
(A) general and technical competencies; | ||
(B) programmatic expertise; | ||
(C) fiscal expertise and systems necessary to | ||
adequately account for the source and application of | ||
grant funds for each program; and | ||
(D) knowledge of compliance requirements. | ||
(2) The development of minimum training requirements, | ||
including annual training requirements. | ||
(3) Accurate, current, and complete disclosure of the | ||
financial results of each funded award, as set forth in | ||
the financial monitoring and reporting Section of 2 CFR | ||
Part 200. | ||
(4) Development of criteria for requiring the | ||
retention of a fiscal agent and for becoming a fiscal | ||
agent. | ||
(5) Development of disclosure requirements in the | ||
grant application pertaining to: | ||
(A) related-party status between grantees and | ||
grant-making agencies; | ||
(B) past employment of applicant officers and | ||
grant managers; | ||
(C) disclosure of current or past employment of | ||
members of immediate family; and | ||
(D) disclosure of senior management of grantee | ||
organization and their relationships with contracted | ||
vendors. | ||
(6) Implementation of rules prohibiting a grantee from | ||
charging any cost allocable to a particular award or cost | ||
objective to other State or federal awards to overcome | ||
fund deficiencies, to avoid restrictions imposed by law or | ||
terms of the federal awards, or for other reasons. | ||
(7) Implementation of rules prohibiting a non-federal | ||
entity from earning or keeping any profit resulting from | ||
State or federal financial assistance, unless prior | ||
approval has been obtained from the Governor's Office of | ||
Management and Budget and is expressly authorized by the | ||
terms and conditions of the award. | ||
(8) Maintenance of an Illinois Stop Payment List or an | ||
Illinois Debarred and Suspended List that contains the | ||
names of those individuals and entities that are | ||
ineligible, either temporarily or permanently, to receive | ||
an award of grant funds from the State. | ||
(9) Ensuring the adoption of standardized rules for | ||
the implementation of this Act by State grant-making | ||
agencies. The Grant Accountability and Transparency Unit | ||
shall provide such advice and technical assistance to the | ||
State grant-making agencies as is necessary or indicated | ||
in order to ensure compliance with this Act. | ||
(10) Coordination of financial and Single Audit | ||
reviews. | ||
(11) Coordination of on-site reviews of grantees and | ||
subrecipients. | ||
(12) Maintenance of the Catalog of State Financial | ||
Assistance, which shall be posted on an Internet website | ||
maintained by the Governor's Office of Management and | ||
Budget that is available to the public. | ||
(13) Promotion of best practices for disseminating | ||
information about grant opportunities to grant-making | ||
agencies statewide, with an emphasis on reaching | ||
previously underserved communities and grantees. | ||
(b) The Grant Accountability and Transparency Unit shall | ||
have no power or authority regarding the approval, | ||
disapproval, management, or oversight of grants entered into | ||
or awarded by a State agency or by a public institution of | ||
higher education. The power or authority existing under law to | ||
grant or award grants by a State agency or by a public | ||
institution of higher education shall remain with that State | ||
agency or public institution of higher education. The Unit | ||
shall be responsible for providing technical assistance to | ||
guide the Administrative Code amendments proposed by State | ||
grant-making agencies to comply with this Act and shall be | ||
responsible for establishing standardized policies and | ||
procedures for State grant-making agencies in order to ensure | ||
compliance with the Uniform Administrative Requirements, Cost | ||
Principles and Audit Requirements for Federal Awards set forth | ||
in 2 CFR Part 200, all of which must be adhered to by the State | ||
grant-making agencies throughout the life cycle of the grant. | ||
(c) The powers and functions of grant making by State | ||
agencies or public institutions of higher education may not be | ||
transferred to, nor may prior grant approval be transferred | ||
to, any other person, office, or entity within the executive | ||
branch of State government. | ||
(Source: P.A. 103-1068, eff. 3-21-25.) | ||
(30 ILCS 708/105) | ||
Sec. 105. Stop payment procedures. | ||
(a) On or before July 1, 2019, the Governor's Office of | ||
Management and Budget shall adopt rules pertaining to the | ||
following: | ||
(1) factors to be considered in determining whether to | ||
issue a stop payment order shall include whether or not a | ||
stop payment order is in the best interests of the State; | ||
(2) factors to be considered in determining whether a | ||
stop payment order should be lifted; and | ||
(3) procedures for notification to the recipient or | ||
subrecipient of the issuance of a stop payment order, the | ||
lifting of a stop payment order, and any other related | ||
information. | ||
(b) On or before December 31, 2019, the Governor's Office | ||
of Management and Budget shall, in conjunction with State | ||
grant-making agencies, adopt rules pertaining to the | ||
following: | ||
(1) policies regarding the issuance of stop payment | ||
orders; | ||
(2) policies regarding the lifting of stop payment | ||
orders; | ||
(3) policies regarding corrective actions required of | ||
recipients and subrecipients in the event a stop payment | ||
order is issued; and | ||
(4) policies regarding the coordination of | ||
communications between the Office of the Comptroller and | ||
State grant-making agencies regarding the issuance of stop | ||
payment orders and the lifting of such orders. | ||
(c) On or before July 1, 2020, the Office of the | ||
Comptroller shall establish stop payment procedures that shall | ||
cause the cessation of payments to a recipient or | ||
subrecipient. Such a temporary or permanent cessation of | ||
payments will occur pursuant to a stop payment order requested | ||
by a State grant-making agency and implemented by the Office | ||
of the Comptroller. | ||
(d) The State grant-making agency shall maintain a file | ||
pertaining to all stop payment orders which shall include, at | ||
a minimum: | ||
(1) The notice to the recipient or subrecipient that a | ||
stop payment order has been issued. The notice shall | ||
include: | ||
(A) The name of the grant. | ||
(B) The grant number. | ||
(C) The name of the State agency that issued the | ||
grant. | ||
(D) The reasons for the stop payment order. | ||
(E) Any other relevant information. | ||
(2) The order lifting the stop payment order, if | ||
applicable. | ||
(e) The Grant Accountability and Transparency Unit shall | ||
determine and disseminate factors that State agencies shall | ||
consider when determining whether it is in the best interests | ||
of the State to permanently or temporarily cease payments to a | ||
recipient or subrecipient who has had a stop payment order | ||
requested by another State agency. | ||
(f) The Office of the Comptroller and the Governor's | ||
Office of Management and Budget grant systems shall determine | ||
if the recipient or subrecipient has received grants from | ||
other State grant-making agencies. | ||
(g) Upon notice from the Office of the Comptroller, the | ||
Grant Accountability and Transparency Unit shall notify all | ||
State grant-making agencies who have issued grants to a | ||
recipient or subrecipient whose payments have been subject to | ||
a stop payment order that a stop payment order has been | ||
requested by another State grant-making agency. | ||
(h) Upon notice from the Grant Accountability and | ||
Transparency Unit, each State grant-making agency who has | ||
issued a grant to a recipient or subrecipient whose payments | ||
have been subject to a stop payment order shall review and | ||
assess all grants issued to that recipient or subrecipient. | ||
State agencies shall use factors provided by the Governor's | ||
Office of Management and Budget or the Grant Accountability | ||
and Transparency Unit to determine whether it is in the best | ||
interests of the State to request a stop payment order. | ||
(Source: P.A. 100-997, eff. 8-20-18.) | ||
Effective Date: 1/1/2027
