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Public Act 104-0841

Public Act 0841 104TH GENERAL ASSEMBLY

 


 
Public Act 104-0841
 
SB2645 EnrolledLRB104 13047 BDA 24983 b

    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