Full Text of SB1048 99th General Assembly
SB1048sam001 99TH GENERAL ASSEMBLY | Sen. Jason A. Barickman Filed: 5/12/2016
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| 1 | | AMENDMENT TO SENATE BILL 1048
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1048 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 5-20 as follows: | 6 | | (5 ILCS 430/5-20)
| 7 | | Sec. 5-20. Public service announcements; other promotional | 8 | | material.
| 9 | | (a) Beginning January 1, 2004, no public service | 10 | | announcement or
advertisement that is on behalf of
any State | 11 | | administered program and contains the
proper name, image, or | 12 | | voice of any executive branch constitutional officer
or member | 13 | | of the General Assembly shall be (i) broadcast or aired on | 14 | | radio or
television, (ii)
printed in a commercial newspaper or | 15 | | a commercial magazine, or (iii) displayed on a billboard or | 16 | | electronic message board at any
time.
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| 1 | | (b) The proper name or image of any executive branch | 2 | | constitutional officer
or member of the General Assembly may | 3 | | not appear on any (i)
bumper stickers,
(ii) commercial | 4 | | billboards, (iii) lapel pins or buttons, (iv) magnets, (v)
| 5 | | stickers, and
(vi) other similar promotional items, that are | 6 | | not in furtherance of the person's official State duties or | 7 | | governmental and public service functions, if
designed,
paid | 8 | | for, prepared, or distributed using public dollars. This | 9 | | subsection does
not apply to stocks of items existing on the | 10 | | effective date of this amendatory
Act of the 93rd General | 11 | | Assembly.
| 12 | | (b-5) During the period beginning September 1 of the year | 13 | | of a general election and ending the day after the general | 14 | | election, the proper name or image of any executive branch | 15 | | constitutional officer or member of the General Assembly shall | 16 | | not be included in a public announcement on behalf of an | 17 | | officer, member, or State agency related to any contract or | 18 | | grant awarded by a State agency. Nothing in this subsection | 19 | | (b-5) prohibits a State agency from issuing notification of the | 20 | | award or grant of a contract, provided the notification does | 21 | | not include the proper name or image of any executive branch | 22 | | constitutional officer or member of the General Assembly. This | 23 | | subsection (b-5) does not prohibit an executive branch | 24 | | constitutional officer or member of the General Assembly from | 25 | | attending any public or private event associated with the award | 26 | | or grant of contract or from being included on a list of |
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| 1 | | attendees disseminated to the public. | 2 | | (c) This Section does not apply to
communications
funded | 3 | | through expenditures required to be reported under Article 9 of | 4 | | the
Election Code.
| 5 | | (Source: P.A. 97-13, eff. 6-16-11.) | 6 | | Section 10. The State Comptroller Act is amended by adding | 7 | | Section 28 as follows: | 8 | | (15 ILCS 405/28 new) | 9 | | Sec. 28. Stop payment system. | 10 | | (a) In this Section, "recipient", "State grant-making | 11 | | agency", and "subrecipient" have the same definition as that in | 12 | | Section 15 of the Grant Accountability and Transparency Act. | 13 | | (b) On or before July 1, 2017, the Office of the | 14 | | Comptroller shall, in conjunction with the Governor's Office of | 15 | | Management and Budget, adopt rules pertaining to the following: | 16 | | (1) Factors to be considered in determining whether to | 17 | | issue a stop payment order; | 18 | | (2) Factors to be considered in determining whether a | 19 | | stop payment order should be lifted; and | 20 | | (3) Procedures for notification to the recipient or | 21 | | subrecipient of the issuance of a stop payment order, the | 22 | | lifting of a stop payment order, and any other related | 23 | | information. | 24 | | (c) On or before July 1, 2018, the Office of the |
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| 1 | | Comptroller shall have established a stop payment system that | 2 | | will cause the temporary or permanent cessation of payments to | 3 | | a recipient or subrecipient in specified circumstances. Such a | 4 | | temporary or permanent cessation of payments will occur | 5 | | pursuant to a stop payment order issued by a State grant-making | 6 | | agency and implemented by the Office of the Comptroller. | 7 | | (d) The Office of the Comptroller shall maintain a file | 8 | | pertaining to all stop payment orders which shall include, at a | 9 | | minimum: | 10 | | (1) The notice to the recipient or subrecipient that a | 11 | | stop payment order has been issued. The notice shall | 12 | | include: | 13 | | (A) The name of the grant. | 14 | | (B) The grant number. | 15 | | (C) The name of the State agency that issued the | 16 | | grant. | 17 | | (D) The reason for the stop payment order. | 18 | | (E) Notification that the stop payment order | 19 | | applies to all grants and contracts issued by the | 20 | | State. | 21 | | (F) Any other relevant information. | 22 | | (2) The order lifting the stop payment order, if | 23 | | applicable. | 24 | | Section 15. The Governor's Office of Management and Budget | 25 | | Act is amended by adding Section 2.11 and 2.12 as follows: |
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| 1 | | (20 ILCS 3005/2.11 new) | 2 | | Sec. 2.11. Stop payment orders. | 3 | | (a) In this Section, "recipient", "State grant-making | 4 | | agency", and "subrecipient" have the same definition as that in | 5 | | Section 15 of the Grant Accountability and Transparency Act. | 6 | | (b) Pursuant to the Grant Accountability and Transparency | 7 | | Act, the Governor's Office of Management and Budget shall adopt | 8 | | rules pertaining to the issuance of stop payment orders that | 9 | | will cause the temporary or permanent cessation of payments to | 10 | | a recipient or subrecipient in specified circumstances. Stop | 11 | | payment orders shall be issued by a State grant-making agency | 12 | | and implemented by the Office of the Comptroller. | 13 | | (20 ILCS 3005/2.12 new) | 14 | | Sec. 2.12. Subcommittee recommendations. | 15 | | Pursuant to Section 15.5 of the Grant Funds Recovery Act, | 16 | | the Governor's Office of Management and Budget, in conjunction | 17 | | with the Illinois Single Audit Commission, shall convene a | 18 | | subcommittee of the Commission to research and provide | 19 | | recommendations to the General Assembly regarding the adoption | 20 | | of legislation, in accordance with the federal Improper | 21 | | Payments Elimination and Recovery Improvement Act of 2012. The | 22 | | subcommittee's recommendations shall be included in the Annual | 23 | | Report of the Commission to be submitted to the General | 24 | | Assembly on January 1, 2017. |
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| 1 | | Section 20. The State Finance Act is amended by changing | 2 | | Sections 25 and 35 as follows:
| 3 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
| 4 | | Sec. 25. Fiscal year limitations.
| 5 | | (a) All appropriations shall be
available for expenditure | 6 | | for the fiscal year or for a lesser period if the
Act making | 7 | | that appropriation so specifies. A deficiency or emergency
| 8 | | appropriation shall be available for expenditure only through | 9 | | June 30 of
the year when the Act making that appropriation is | 10 | | enacted unless that Act
otherwise provides. Except as otherwise | 11 | | provided by law, court order, or the terms or conditions of a | 12 | | settlement, award, gift, donation, or bequest, | 13 | | non-appropriated funds may not be used to create new programs | 14 | | or expand existing programs.
| 15 | | (b) Outstanding liabilities as of June 30, payable from | 16 | | appropriations
which have otherwise expired, may be paid out of | 17 | | the expiring
appropriations during the 2-month period ending at | 18 | | the
close of business on August 31. Any service involving
| 19 | | professional or artistic skills or any personal services by an | 20 | | employee whose
compensation is subject to income tax | 21 | | withholding must be performed as of June
30 of the fiscal year | 22 | | in order to be considered an "outstanding liability as of
June | 23 | | 30" that is thereby eligible for payment out of the expiring
| 24 | | appropriation.
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| 1 | | (b-1) However, payment of tuition reimbursement claims | 2 | | under Section 14-7.03 or
18-3 of the School Code may be made by | 3 | | the State Board of Education from its
appropriations for those | 4 | | respective purposes for any fiscal year, even though
the claims | 5 | | reimbursed by the payment may be claims attributable to a prior
| 6 | | fiscal year, and payments may be made at the direction of the | 7 | | State
Superintendent of Education from the fund from which the | 8 | | appropriation is made
without regard to any fiscal year | 9 | | limitations, except as required by subsection (j) of this | 10 | | Section. Beginning on June 30, 2021, payment of tuition | 11 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 12 | | School Code as of June 30, payable from appropriations that | 13 | | have otherwise expired, may be paid out of the expiring | 14 | | appropriation during the 4-month period ending at the close of | 15 | | business on October 31.
| 16 | | (b-2) All outstanding liabilities as of June 30, 2010, | 17 | | payable from appropriations that would otherwise expire at the | 18 | | conclusion of the lapse period for fiscal year 2010, and | 19 | | interest penalties payable on those liabilities under the State | 20 | | Prompt Payment Act, may be paid out of the expiring | 21 | | appropriations until December 31, 2010, without regard to the | 22 | | fiscal year in which the payment is made, as long as vouchers | 23 | | for the liabilities are received by the Comptroller no later | 24 | | than August 31, 2010. | 25 | | (b-2.5) All outstanding liabilities as of June 30, 2011, | 26 | | payable from appropriations that would otherwise expire at the |
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| 1 | | conclusion of the lapse period for fiscal year 2011, and | 2 | | interest penalties payable on those liabilities under the State | 3 | | Prompt Payment Act, may be paid out of the expiring | 4 | | appropriations until December 31, 2011, without regard to the | 5 | | fiscal year in which the payment is made, as long as vouchers | 6 | | for the liabilities are received by the Comptroller no later | 7 | | than August 31, 2011. | 8 | | (b-2.6) All outstanding liabilities as of June 30, 2012, | 9 | | payable from appropriations that would otherwise expire at the | 10 | | conclusion of the lapse period for fiscal year 2012, and | 11 | | interest penalties payable on those liabilities under the State | 12 | | Prompt Payment Act, may be paid out of the expiring | 13 | | appropriations until December 31, 2012, without regard to the | 14 | | fiscal year in which the payment is made, as long as vouchers | 15 | | for the liabilities are received by the Comptroller no later | 16 | | than August 31, 2012. | 17 | | (b-2.7) For fiscal years 2012, 2013, and 2014, interest | 18 | | penalties payable under the State Prompt Payment Act associated | 19 | | with a voucher for which payment is issued after June 30 may be | 20 | | paid out of the next fiscal year's appropriation. The future | 21 | | year appropriation must be for the same purpose and from the | 22 | | same fund as the original payment. An interest penalty voucher | 23 | | submitted against a future year appropriation must be submitted | 24 | | within 60 days after the issuance of the associated voucher, | 25 | | and the Comptroller must issue the interest payment within 60 | 26 | | days after acceptance of the interest voucher. |
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| 1 | | (b-3) Medical payments may be made by the Department of | 2 | | Veterans' Affairs from
its
appropriations for those purposes | 3 | | for any fiscal year, without regard to the
fact that the | 4 | | medical services being compensated for by such payment may have
| 5 | | been rendered in a prior fiscal year, except as required by | 6 | | subsection (j) of this Section. Beginning on June 30, 2021, | 7 | | medical payments payable from appropriations that have | 8 | | otherwise expired may be paid out of the expiring appropriation | 9 | | during the 4-month period ending at the close of business on | 10 | | October 31.
| 11 | | (b-4) Medical payments and child care
payments may be made | 12 | | by the Department of
Human Services (as successor to the | 13 | | Department of Public Aid) from
appropriations for those | 14 | | purposes for any fiscal year,
without regard to the fact that | 15 | | the medical or child care services being
compensated for by | 16 | | such payment may have been rendered in a prior fiscal
year; and | 17 | | payments may be made at the direction of the Department of
| 18 | | Healthcare and Family Services (or successor agency) from the | 19 | | Health Insurance Reserve Fund without regard to any fiscal
year | 20 | | limitations, except as required by subsection (j) of this | 21 | | Section. Beginning on June 30, 2021, medical and child care | 22 | | payments made by the Department of Human Services and payments | 23 | | made at the discretion of the Department of Healthcare and | 24 | | Family Services (or successor agency) from the Health Insurance | 25 | | Reserve Fund and payable from appropriations that have | 26 | | otherwise expired may be paid out of the expiring appropriation |
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| 1 | | during the 4-month period ending at the close of business on | 2 | | October 31.
| 3 | | (b-5) Medical payments may be made by the Department of | 4 | | Human Services from its appropriations relating to substance | 5 | | abuse treatment services for any fiscal year, without regard to | 6 | | the fact that the medical services being compensated for by | 7 | | such payment may have been rendered in a prior fiscal year, | 8 | | provided the payments are made on a fee-for-service basis | 9 | | consistent with requirements established for Medicaid | 10 | | reimbursement by the Department of Healthcare and Family | 11 | | Services, except as required by subsection (j) of this Section. | 12 | | Beginning on June 30, 2021, medical payments made by the | 13 | | Department of Human Services relating to substance abuse | 14 | | treatment services payable from appropriations that have | 15 | | otherwise expired may be paid out of the expiring appropriation | 16 | | during the 4-month period ending at the close of business on | 17 | | October 31. | 18 | | (b-6) Additionally, payments may be made by the Department | 19 | | of Human Services from
its appropriations, or any other State | 20 | | agency from its appropriations with
the approval of the | 21 | | Department of Human Services, from the Immigration Reform
and | 22 | | Control Fund for purposes authorized pursuant to the | 23 | | Immigration Reform
and Control Act of 1986, without regard to | 24 | | any fiscal year limitations, except as required by subsection | 25 | | (j) of this Section. Beginning on June 30, 2021, payments made | 26 | | by the Department of Human Services from the Immigration Reform |
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| 1 | | and Control Fund for purposes authorized pursuant to the | 2 | | Immigration Reform and Control Act of 1986 payable from | 3 | | appropriations that have otherwise expired may be paid out of | 4 | | the expiring appropriation during the 4-month period ending at | 5 | | the close of business on October 31.
| 6 | | (b-7) Payments may be made in accordance with a plan | 7 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 8 | | Department of Central Management Services Law from | 9 | | appropriations for those payments without regard to fiscal year | 10 | | limitations. | 11 | | (b-8) Reimbursements to eligible airport sponsors for the | 12 | | construction or upgrading of Automated Weather Observation | 13 | | Systems may be made by the Department of Transportation from | 14 | | appropriations for those purposes for any fiscal year, without | 15 | | regard to the fact that the qualification or obligation may | 16 | | have occurred in a prior fiscal year, provided that at the time | 17 | | the expenditure was made the project had been approved by the | 18 | | Department of Transportation prior to June 1, 2012 and, as a | 19 | | result of recent changes in federal funding formulas, can no | 20 | | longer receive federal reimbursement. | 21 | | (b-9) Medical payments not exceeding $150,000,000 may be | 22 | | made by the Department on Aging from its appropriations | 23 | | relating to the Community Care Program for fiscal year 2014, | 24 | | without regard to the fact that the medical services being | 25 | | compensated for by such payment may have been rendered in a | 26 | | prior fiscal year, provided the payments are made on a |
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| 1 | | fee-for-service basis consistent with requirements established | 2 | | for Medicaid reimbursement by the Department of Healthcare and | 3 | | Family Services, except as required by subsection (j) of this | 4 | | Section. | 5 | | (c) Further, payments may be made by the Department of | 6 | | Public Health and the
Department of Human Services (acting as | 7 | | successor to the Department of Public
Health under the | 8 | | Department of Human Services Act)
from their respective | 9 | | appropriations for grants for medical care to or on
behalf of | 10 | | premature and high-mortality risk infants and their mothers and
| 11 | | for grants for supplemental food supplies provided under the | 12 | | United States
Department of Agriculture Women, Infants and | 13 | | Children Nutrition Program,
for any fiscal year without regard | 14 | | to the fact that the services being
compensated for by such | 15 | | payment may have been rendered in a prior fiscal year, except | 16 | | as required by subsection (j) of this Section. Beginning on | 17 | | June 30, 2021, payments made by the Department of Public Health | 18 | | and the Department of Human Services from their respective | 19 | | appropriations for grants for medical care to or on behalf of | 20 | | premature and high-mortality risk infants and their mothers and | 21 | | for grants for supplemental food supplies provided under the | 22 | | United States Department of Agriculture Women, Infants and | 23 | | Children Nutrition Program payable from appropriations that | 24 | | have otherwise expired may be paid out of the expiring | 25 | | appropriations during the 4-month period ending at the close of | 26 | | business on October 31.
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| 1 | | (d) The Department of Public Health and the Department of | 2 | | Human Services
(acting as successor to the Department of Public | 3 | | Health under the Department of
Human Services Act) shall each | 4 | | annually submit to the State Comptroller, Senate
President, | 5 | | Senate
Minority Leader, Speaker of the House, House Minority | 6 | | Leader, and the
respective Chairmen and Minority Spokesmen of | 7 | | the
Appropriations Committees of the Senate and the House, on | 8 | | or before
December 31, a report of fiscal year funds used to | 9 | | pay for services
provided in any prior fiscal year. This report | 10 | | shall document by program or
service category those | 11 | | expenditures from the most recently completed fiscal
year used | 12 | | to pay for services provided in prior fiscal years.
| 13 | | (e) The Department of Healthcare and Family Services, the | 14 | | Department of Human Services
(acting as successor to the | 15 | | Department of Public Aid), and the Department of Human Services | 16 | | making fee-for-service payments relating to substance abuse | 17 | | treatment services provided during a previous fiscal year shall | 18 | | each annually
submit to the State
Comptroller, Senate | 19 | | President, Senate Minority Leader, Speaker of the House,
House | 20 | | Minority Leader, the respective Chairmen and Minority | 21 | | Spokesmen of the
Appropriations Committees of the Senate and | 22 | | the House, on or before November
30, a report that shall | 23 | | document by program or service category those
expenditures from | 24 | | the most recently completed fiscal year used to pay for (i)
| 25 | | services provided in prior fiscal years and (ii) services for | 26 | | which claims were
received in prior fiscal years.
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| 1 | | (f) The Department of Human Services (as successor to the | 2 | | Department of
Public Aid) shall annually submit to the State
| 3 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 4 | | of the House,
House Minority Leader, and the respective | 5 | | Chairmen and Minority Spokesmen of
the Appropriations | 6 | | Committees of the Senate and the House, on or before
December | 7 | | 31, a report
of fiscal year funds used to pay for services | 8 | | (other than medical care)
provided in any prior fiscal year. | 9 | | This report shall document by program or
service category those | 10 | | expenditures from the most recently completed fiscal
year used | 11 | | to pay for services provided in prior fiscal years.
| 12 | | (g) In addition, each annual report required to be | 13 | | submitted by the
Department of Healthcare and Family Services | 14 | | under subsection (e) shall include the following
information | 15 | | with respect to the State's Medicaid program:
| 16 | | (1) Explanations of the exact causes of the variance | 17 | | between the previous
year's estimated and actual | 18 | | liabilities.
| 19 | | (2) Factors affecting the Department of Healthcare and | 20 | | Family Services' liabilities,
including but not limited to | 21 | | numbers of aid recipients, levels of medical
service | 22 | | utilization by aid recipients, and inflation in the cost of | 23 | | medical
services.
| 24 | | (3) The results of the Department's efforts to combat | 25 | | fraud and abuse.
| 26 | | (h) As provided in Section 4 of the General Assembly |
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| 1 | | Compensation Act,
any utility bill for service provided to a | 2 | | General Assembly
member's district office for a period | 3 | | including portions of 2 consecutive
fiscal years may be paid | 4 | | from funds appropriated for such expenditure in
either fiscal | 5 | | year.
| 6 | | (i) An agency which administers a fund classified by the | 7 | | Comptroller as an
internal service fund may issue rules for:
| 8 | | (1) billing user agencies in advance for payments or | 9 | | authorized inter-fund transfers
based on estimated charges | 10 | | for goods or services;
| 11 | | (2) issuing credits, refunding through inter-fund | 12 | | transfers, or reducing future inter-fund transfers
during
| 13 | | the subsequent fiscal year for all user agency payments or | 14 | | authorized inter-fund transfers received during the
prior | 15 | | fiscal year which were in excess of the final amounts owed | 16 | | by the user
agency for that period; and
| 17 | | (3) issuing catch-up billings to user agencies
during | 18 | | the subsequent fiscal year for amounts remaining due when | 19 | | payments or authorized inter-fund transfers
received from | 20 | | the user agency during the prior fiscal year were less than | 21 | | the
total amount owed for that period.
| 22 | | User agencies are authorized to reimburse internal service | 23 | | funds for catch-up
billings by vouchers drawn against their | 24 | | respective appropriations for the
fiscal year in which the | 25 | | catch-up billing was issued or by increasing an authorized | 26 | | inter-fund transfer during the current fiscal year. For the |
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| 1 | | purposes of this Act, "inter-fund transfers" means transfers | 2 | | without the use of the voucher-warrant process, as authorized | 3 | | by Section 9.01 of the State Comptroller Act.
| 4 | | (i-1) Beginning on July 1, 2021, all outstanding | 5 | | liabilities, not payable during the 4-month lapse period as | 6 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | 7 | | (c) of this Section, that are made from appropriations for that | 8 | | purpose for any fiscal year, without regard to the fact that | 9 | | the services being compensated for by those payments may have | 10 | | been rendered in a prior fiscal year, are limited to only those | 11 | | claims that have been incurred but for which a proper bill or | 12 | | invoice as defined by the State Prompt Payment Act has not been | 13 | | received by September 30th following the end of the fiscal year | 14 | | in which the service was rendered. | 15 | | (j) Notwithstanding any other provision of this Act, the | 16 | | aggregate amount of payments to be made without regard for | 17 | | fiscal year limitations as contained in subsections (b-1), | 18 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | 19 | | determined by using Generally Accepted Accounting Principles, | 20 | | shall not exceed the following amounts: | 21 | | (1) $6,000,000,000 for outstanding liabilities related | 22 | | to fiscal year 2012; | 23 | | (2) $5,300,000,000 for outstanding liabilities related | 24 | | to fiscal year 2013; | 25 | | (3) $4,600,000,000 for outstanding liabilities related | 26 | | to fiscal year 2014; |
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| 1 | | (4) $4,000,000,000 for outstanding liabilities related | 2 | | to fiscal year 2015; | 3 | | (5) $3,300,000,000 for outstanding liabilities related | 4 | | to fiscal year 2016; | 5 | | (6) $2,600,000,000 for outstanding liabilities related | 6 | | to fiscal year 2017; | 7 | | (7) $2,000,000,000 for outstanding liabilities related | 8 | | to fiscal year 2018; | 9 | | (8) $1,300,000,000 for outstanding liabilities related | 10 | | to fiscal year 2019; | 11 | | (9) $600,000,000 for outstanding liabilities related | 12 | | to fiscal year 2020; and | 13 | | (10) $0 for outstanding liabilities related to fiscal | 14 | | year 2021 and fiscal years thereafter. | 15 | | (k) Department of Healthcare and Family Services Medical | 16 | | Assistance Payments. | 17 | | (1) Definition of Medical Assistance. | 18 | | For purposes of this subsection, the term "Medical | 19 | | Assistance" shall include, but not necessarily be | 20 | | limited to, medical programs and services authorized | 21 | | under Titles XIX and XXI of the Social Security Act, | 22 | | the Illinois Public Aid Code, the Children's Health | 23 | | Insurance Program Act, the Covering ALL KIDS Health | 24 | | Insurance Act, the Long Term Acute Care Hospital | 25 | | Quality Improvement Transfer Program Act, and medical | 26 | | care to or on behalf of persons suffering from chronic |
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| 1 | | renal disease, persons suffering from hemophilia, and | 2 | | victims of sexual assault. | 3 | | (2) Limitations on Medical Assistance payments that | 4 | | may be paid from future fiscal year appropriations. | 5 | | (A) The maximum amounts of annual unpaid Medical | 6 | | Assistance bills received and recorded by the | 7 | | Department of Healthcare and Family Services on or | 8 | | before June 30th of a particular fiscal year | 9 | | attributable in aggregate to the General Revenue Fund, | 10 | | Healthcare Provider Relief Fund, Tobacco Settlement | 11 | | Recovery Fund, Long-Term Care Provider Fund, and the | 12 | | Drug Rebate Fund that may be paid in total by the | 13 | | Department from future fiscal year Medical Assistance | 14 | | appropriations to those funds are:
$700,000,000 for | 15 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 | 16 | | and each fiscal year thereafter. | 17 | | (B) Bills for Medical Assistance services rendered | 18 | | in a particular fiscal year, but received and recorded | 19 | | by the Department of Healthcare and Family Services | 20 | | after June 30th of that fiscal year, may be paid from | 21 | | either appropriations for that fiscal year or future | 22 | | fiscal year appropriations for Medical Assistance. | 23 | | Such payments shall not be subject to the requirements | 24 | | of subparagraph (A). | 25 | | (C) Medical Assistance bills received by the | 26 | | Department of Healthcare and Family Services in a |
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| 1 | | particular fiscal year, but subject to payment amount | 2 | | adjustments in a future fiscal year may be paid from a | 3 | | future fiscal year's appropriation for Medical | 4 | | Assistance. Such payments shall not be subject to the | 5 | | requirements of subparagraph (A). | 6 | | (D) Medical Assistance payments made by the | 7 | | Department of Healthcare and Family Services from | 8 | | funds other than those specifically referenced in | 9 | | subparagraph (A) may be made from appropriations for | 10 | | those purposes for any fiscal year without regard to | 11 | | the fact that the Medical Assistance services being | 12 | | compensated for by such payment may have been rendered | 13 | | in a prior fiscal year. Such payments shall not be | 14 | | subject to the requirements of subparagraph (A). | 15 | | (3) Extended lapse period for Department of Healthcare | 16 | | and Family Services Medical Assistance payments. | 17 | | Notwithstanding any other State law to the contrary, | 18 | | outstanding Department of Healthcare and Family Services | 19 | | Medical Assistance liabilities, as of June 30th, payable | 20 | | from appropriations which have otherwise expired, may be | 21 | | paid out of the expiring appropriations during the 6-month | 22 | | period ending at the close of business on December 31st. | 23 | | (l) The changes to this Section made by Public Act 97-691 | 24 | | shall be effective for payment of Medical Assistance bills | 25 | | incurred in fiscal year 2013 and future fiscal years. The | 26 | | changes to this Section made by Public Act 97-691 shall not be |
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| 1 | | applied to Medical Assistance bills incurred in fiscal year | 2 | | 2012 or prior fiscal years. | 3 | | (m) The Comptroller must issue payments against | 4 | | outstanding liabilities that were received prior to the lapse | 5 | | period deadlines set forth in this Section as soon thereafter | 6 | | as practical, but no payment may be issued after the 4 months | 7 | | following the lapse period deadline without the signed | 8 | | authorization of the Comptroller and the Governor. | 9 | | (Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11; | 10 | | 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff. | 11 | | 8-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff. | 12 | | 8-9-13; 98-463, eff. 8-16-13; 98-756, eff. 7-16-14.)
| 13 | | (30 ILCS 105/35) (from Ch. 127, par. 167.03)
| 14 | | Sec. 35.
As used in this Section, "state agency" is defined | 15 | | as provided
in the Illinois State Auditing Act, except that | 16 | | this Section does not
apply to state colleges and universities, | 17 | | the Illinois Mathematics and
Science Academy, and their | 18 | | respective governing boards.
| 19 | | When any State agency receives a grant or contract from | 20 | | itself or another State agency
from appropriated funds the | 21 | | recipient agency shall be restricted in the
expenditure of | 22 | | these funds to the period during which the grantor agency
was | 23 | | so restricted and to the terms and conditions under which such | 24 | | other
agency received the appropriation, and to the terms, | 25 | | conditions and limitations
of the appropriations to the other |
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| 1 | | agency. For purposes of this Section, "interfund transfer" | 2 | | means the transfer of monies from one fund listed in the State | 3 | | Treasury to another fund. An "interfund transfer" shall not be | 4 | | considered an expenditure for purposes of this Section. No | 5 | | State agency may accept or
expend funds under a grant or | 6 | | contract for any purpose, program or activity
not within the | 7 | | scope of the agency's powers and duties under Illinois law.
| 8 | | (Source: P.A. 88-9.)
| 9 | | Section 25. The Illinois Grant Funds Recovery Act is | 10 | | amended by adding Section 15.5 as follows: | 11 | | (30 ILCS 705/15.5 new) | 12 | | Sec. 15.5. Recommendations of the Illinois Single Audit | 13 | | Commission regarding the elimination and recovery of improper | 14 | | payments. The Illinois Single Audit Commission, in conjunction | 15 | | with the Governor's Office of Management and Budget, shall | 16 | | convene a subcommittee of the Commission to research and | 17 | | provide recommendations to the General Assembly regarding the | 18 | | adoption of legislation in accordance with the federal Improper | 19 | | Payments Elimination and Recovery Improvement Act of 2012. The | 20 | | subcommittee's recommendations shall be included in the Annual | 21 | | Report of the Commission to be submitted to the General | 22 | | Assembly on January 1, 2017. | 23 | | Section 30. The Grant Accountability and Transparency Act |
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| 1 | | is amended by changing Sections 15, 25, 50, 55, and 95 and by | 2 | | adding Sections 105, 110, 115, 120, 125, and 130 as follows: | 3 | | (30 ILCS 708/15) | 4 | | (Section scheduled to be repealed on July 16, 2019)
| 5 | | Sec. 15. Definitions. As used in this Act:
| 6 | | "Allowable cost" means a cost allowable to a project if:
| 7 | | (1) the costs are reasonable and necessary for the | 8 | | performance of the award;
| 9 | | (2) the costs are allocable to the specific project;
| 10 | | (3) the costs are treated consistently in like | 11 | | circumstances to both federally-financed and other | 12 | | activities of the non-federal entity; | 13 | | (4) the costs conform to any limitations of the cost | 14 | | principles or the sponsored agreement; | 15 | | (5) the costs are accorded consistent treatment; a cost | 16 | | may not be assigned to a State or federal award as a direct | 17 | | cost if any other cost incurred for the same purpose in | 18 | | like circumstances has been allocated to the award as an | 19 | | indirect cost;
| 20 | | (6) the costs are determined to be in accordance with | 21 | | generally accepted accounting principles;
| 22 | | (7) the costs are not included as a cost or used to | 23 | | meet federal cost-sharing or matching requirements of any | 24 | | other program in either the current or prior period; | 25 | | (8) the costs of one State or federal grant are not |
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| 1 | | used to meet the match requirements of another State or | 2 | | federal grant; and | 3 | | (9) the costs are adequately documented. | 4 | | "Auditee" means any non-federal entity that expends State | 5 | | or federal awards that must be audited.
| 6 | | "Auditor" means an auditor who is a public accountant or a | 7 | | federal, State, or local government audit organization that | 8 | | meets the general standards specified in generally-accepted | 9 | | government auditing standards. "Auditor" does not include | 10 | | internal auditors of nonprofit organizations.
| 11 | | "Auditor General" means the Auditor General of the State of | 12 | | Illinois. | 13 | | "Award" means financial assistance that provides support | 14 | | or stimulation to accomplish a public purpose. "Awards" include | 15 | | grants and other agreements in the form of money, or property | 16 | | in lieu of money, by the State or federal government to an | 17 | | eligible recipient. "Award" does not include: technical | 18 | | assistance that provides services instead of money; other | 19 | | assistance in the form of loans, loan guarantees, interest | 20 | | subsidies, or insurance; direct payments of any kind to | 21 | | individuals; or contracts that must be entered into and | 22 | | administered under State or federal procurement laws and | 23 | | regulations. | 24 | | "Budget" means the financial plan for the project or | 25 | | program that the awarding agency or pass-through entity | 26 | | approves during the award process or in subsequent amendments |
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| 1 | | to the award. It may include the State or federal and | 2 | | non-federal share or only the State or federal share, as | 3 | | determined by the awarding agency or pass-through entity. | 4 | | "Catalog of Federal Domestic Assistance" or "CFDA" means a | 5 | | database that helps the federal government track all programs | 6 | | it has domestically funded. | 7 | | "Catalog of Federal Domestic Assistance number" or "CFDA | 8 | | number" means the number assigned to a federal program in the | 9 | | CFDA.
| 10 | | "Catalog of State Financial Assistance" means the single, | 11 | | authoritative, statewide, comprehensive source document of | 12 | | State financial assistance program information maintained by | 13 | | the Governor's Office of Management and Budget.
| 14 | | "Catalog of State Financial Assistance Number" means the | 15 | | number assigned to a State program in the Catalog of State | 16 | | Financial Assistance. The first 3 digits represent the State | 17 | | agency number and the last 4 digits represent the program.
| 18 | | "Cluster of programs" means a grouping of closely related | 19 | | programs that share common compliance requirements. The types | 20 | | of clusters of programs are research and development, student | 21 | | financial aid, and other clusters. A "cluster of programs" | 22 | | shall be considered as one program for determining major | 23 | | programs and, with the exception of research and development, | 24 | | whether a program-specific audit may be elected. | 25 | | "Cognizant agency for audit" means the federal agency | 26 | | designated to carry out the responsibilities described in 2 CFR |
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| 1 | | 200.513(a). | 2 | | "Contract" means a legal instrument by which a non-federal | 3 | | entity purchases property or services needed to carry out the | 4 | | project or program under an award. "Contract" does not include | 5 | | a legal instrument, even if the non-federal entity considers it | 6 | | a contract, when the substance of the transaction meets the | 7 | | definition of an award or subaward.
| 8 | | "Contractor" means an entity that receives a contract.
| 9 | | "Cooperative agreement" means a legal instrument of | 10 | | financial assistance between an awarding agency or | 11 | | pass-through entity and a non-federal entity that: | 12 | | (1) is used to enter into a relationship with the | 13 | | principal purpose of transferring anything of value from | 14 | | the awarding agency or pass-through entity to the | 15 | | non-federal entity to carry out a public purpose authorized | 16 | | by law, but is not used to acquire property or services for | 17 | | the awarding agency's or pass-through entity's direct | 18 | | benefit or use; and
| 19 | | (2) is distinguished from a grant in that it provides | 20 | | for substantial involvement between the awarding agency or | 21 | | pass-through entity and the non-federal entity in carrying | 22 | | out the activity contemplated by the award. | 23 | | "Cooperative agreement" does not include a
cooperative | 24 | | research and development agreement, nor
an agreement that | 25 | | provides only direct cash assistance to an individual, a | 26 | | subsidy, a loan,
a loan guarantee, or insurance. |
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| 1 | | "Corrective action" means action taken by the auditee that | 2 | | (i) corrects identified deficiencies,
(ii) produces | 3 | | recommended improvements, or (iii) demonstrates that audit | 4 | | findings are either invalid or do not warrant auditee action. | 5 | | "Cost objective" means a program, function, activity, | 6 | | award, organizational subdivision, contract, or work unit for | 7 | | which cost data is desired and for which provision is made to | 8 | | accumulate and measure the cost of processes, products, jobs, | 9 | | and capital projects. A "cost objective" may be a major | 10 | | function of the non-federal entity, a particular service or | 11 | | project, an award, or an indirect cost activity. | 12 | | "Cost sharing" means the portion of project costs not paid | 13 | | by State or federal funds, unless otherwise authorized by | 14 | | statute.
| 15 | | "Development" is the systematic use of knowledge and | 16 | | understanding gained from research directed toward the | 17 | | production of useful materials, devices, systems, or methods, | 18 | | including design and development of prototypes and processes. | 19 | | "Data Universal Numbering System number" means the 9-digit | 20 | | number established and assigned by Dun and Bradstreet, Inc. to | 21 | | uniquely identify entities and, under federal law, is required | 22 | | for non-federal entities to apply for, receive, and report on a | 23 | | federal award. | 24 | | "Direct costs" means costs that can be identified | 25 | | specifically with a particular final cost objective, such as a | 26 | | State or federal or federal pass-through award or a particular |
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| 1 | | sponsored project, an instructional activity, or any other | 2 | | institutional activity, or that can be directly assigned to | 3 | | such activities relatively easily with a high degree of | 4 | | accuracy.
| 5 | | "Equipment" means tangible personal property (including | 6 | | information technology systems) having a useful life of more | 7 | | than one year and a per-unit acquisition cost that equals or | 8 | | exceeds the lesser of the capitalization level established by | 9 | | the non-federal entity for financial statement purposes, or | 10 | | $5,000. | 11 | | "Executive branch" means that branch of State government | 12 | | that is under the jurisdiction of the Governor. | 13 | | "Federal agency" has the meaning provided for "agency" | 14 | | under 5 U.S.C. 551(1) together with the meaning provided for | 15 | | "agency" by 5 U.S.C. 552(f). | 16 | | "Federal award" means: | 17 | | (1) the federal financial assistance that a | 18 | | non-federal entity receives directly from a federal | 19 | | awarding agency or indirectly from a pass-through entity;
| 20 | | (2) the cost-reimbursement contract under the Federal | 21 | | Acquisition Regulations that a non-federal entity receives | 22 | | directly from a federal awarding agency or indirectly from | 23 | | a pass-through entity; or | 24 | | (3) the instrument setting forth the terms and | 25 | | conditions when the instrument is the grant agreement, | 26 | | cooperative agreement, other agreement for assistance |
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| 1 | | covered in paragraph (b) of 20 CFR 200.40, or the | 2 | | cost-reimbursement contract awarded under the Federal | 3 | | Acquisition Regulations.
| 4 | | "Federal award" does not include other contracts that a | 5 | | federal agency uses to buy goods or services from a contractor | 6 | | or a contract to operate federal government owned, | 7 | | contractor-operated facilities.
| 8 | | "Federal awarding agency" means the federal agency that | 9 | | provides a federal award directly to a non-federal entity.
| 10 | | "Federal interest" means, for purposes of 2 CFR 200.329 or | 11 | | when used in connection with the acquisition or improvement of | 12 | | real property, equipment, or supplies under a federal award, | 13 | | the dollar amount that is the product of the
federal share of | 14 | | total project costs and
current fair market value of the | 15 | | property, improvements, or both, to the extent the costs of | 16 | | acquiring or improving the property were included as project | 17 | | costs. | 18 | | "Federal program" means any of the following:
| 19 | | (1) All federal awards which are assigned a single | 20 | | number in the CFDA.
| 21 | | (2) When no CFDA number is assigned, all federal awards | 22 | | to non-federal entities from the same agency made for the | 23 | | same purpose should be combined and considered one program. | 24 | | (3) Notwithstanding paragraphs (1) and (2) of this | 25 | | definition, a cluster of programs. The types of clusters of | 26 | | programs are: |
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| 1 | | (A) research and development; | 2 | | (B) student financial aid; and | 3 | | (C) "other clusters", as described in the | 4 | | definition of "cluster of programs". | 5 | | "Federal share" means the portion of the total project | 6 | | costs that are paid by federal funds. | 7 | | "Final cost objective" means a cost objective which has | 8 | | allocated to it both direct and indirect costs and, in the | 9 | | non-federal entity's accumulation system, is one of the final | 10 | | accumulation points, such as a particular award, internal | 11 | | project, or other direct activity of a non-federal entity. | 12 | | "Financial assistance" means the following: | 13 | | (1) For grants and cooperative agreements, "financial | 14 | | assistance" means assistance that non-federal entities | 15 | | receive or administer in the form of: | 16 | | (A) grants;
| 17 | | (B) cooperative agreements;
| 18 | | (C) non-cash contributions or donations of | 19 | | property, including donated surplus property;
| 20 | | (D) direct appropriations;
| 21 | | (E) food commodities; and
| 22 | | (F) other financial assistance, except assistance | 23 | | listed in paragraph (2) of this definition.
| 24 | | (2) "Financial assistance" includes assistance that | 25 | | non-federal entities receive or administer in the form of | 26 | | loans, loan guarantees, interest subsidies, and insurance.
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| 1 | | (3) "Financial assistance" does not include amounts | 2 | | received as reimbursement for services rendered to | 3 | | individuals.
| 4 | | "Fixed amount awards" means a type of grant agreement under | 5 | | which the awarding agency or pass-through entity provides a | 6 | | specific level of support without regard to actual costs | 7 | | incurred under the award. "Fixed amount awards" reduce some of | 8 | | the administrative burden and record-keeping requirements for | 9 | | both the non-federal entity and awarding agency or pass-through | 10 | | entity. Accountability is based primarily on performance and | 11 | | results.
| 12 | | "Foreign public entity" means:
| 13 | | (1) a foreign government or foreign governmental | 14 | | entity; | 15 | | (2) a public international organization that is | 16 | | entitled to enjoy privileges, exemptions, and immunities | 17 | | as an international organization under the International | 18 | | Organizations Immunities Act (22 U.S.C. 288-288f);
| 19 | | (3) an entity owned, in whole or in part, or controlled | 20 | | by a foreign government; or
| 21 | | (4) any other entity consisting wholly or partially of | 22 | | one or more foreign governments or foreign governmental | 23 | | entities. | 24 | | "Foreign organization" means an entity that is:
| 25 | | (1) a public or private organization located in a | 26 | | country other than the United States and its territories |
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| 1 | | that are subject to the laws of the country in which it is | 2 | | located, irrespective of the citizenship of project staff | 3 | | or place of performance;
| 4 | | (2) a private nongovernmental organization located in | 5 | | a country other than the United States that solicits and | 6 | | receives cash contributions from the general public;
| 7 | | (3) a charitable organization located in a country | 8 | | other than the United States that is nonprofit and tax | 9 | | exempt under the laws of its country of domicile and | 10 | | operation, but is not a university, college, accredited | 11 | | degree-granting institution of education, private | 12 | | foundation, hospital, organization engaged exclusively in | 13 | | research or scientific activities, church, synagogue, | 14 | | mosque, or other similar entity organized primarily for | 15 | | religious purposes; or
| 16 | | (4) an organization located in a country other than the | 17 | | United States not recognized as a Foreign Public Entity.
| 18 | | "Generally Accepted Accounting Principles" has the meaning | 19 | | provided in accounting standards issued by the Government | 20 | | Accounting Standards Board and the Financial Accounting | 21 | | Standards Board.
| 22 | | "Generally Accepted Government Auditing Standards" means | 23 | | generally accepted government auditing standards issued by the | 24 | | Comptroller General of the United States that are applicable to | 25 | | financial audits.
| 26 | | "Grant agreement" means a legal instrument of financial |
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| 1 | | assistance between an awarding agency or pass-through entity | 2 | | and a non-federal entity that: | 3 | | (1) is used to enter into a relationship, the principal | 4 | | purpose of which is to transfer anything of value from the | 5 | | awarding agency or pass-through entity to the non-federal | 6 | | entity to carry out a public purpose authorized by law and | 7 | | not to acquire property or services for the awarding agency | 8 | | or pass-through entity's direct benefit or use;
and | 9 | | (2) is distinguished from a cooperative agreement in | 10 | | that it does not provide for substantial involvement | 11 | | between the awarding agency or pass-through entity and the | 12 | | non-federal entity in carrying out the activity | 13 | | contemplated by the award. | 14 | | "Grant agreement" does not include an agreement that | 15 | | provides only
direct cash assistance to an individual, a | 16 | | subsidy, a loan, a loan guarantee, or insurance. | 17 | | "Grant application" means a specified form that is | 18 | | completed by a non-federal entity in connection with a request | 19 | | for a specific funding opportunity or a request for financial | 20 | | support of a project or activity.
| 21 | | "Hospital" means a facility licensed as a hospital under | 22 | | the law of any state or a facility operated as a hospital by | 23 | | the United States, a state, or a subdivision of a state.
| 24 | | "Illinois Debarred and Suspended List" means the list | 25 | | maintained by the Governor's Office of Management and Budget | 26 | | that contains the names of those individuals and entities that |
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| 1 | | are ineligible, either temporarily or permanently, from | 2 | | receiving an award of grant funds from the State.
| 3 | | "Indian tribe" (or "federally recognized Indian tribe") | 4 | | means any Indian tribe, band, nation, or other organized group | 5 | | or community, including any Alaska Native village or regional | 6 | | or village corporation as defined in or established pursuant to | 7 | | the federal Alaska Native Claims Settlement Act (43 U.S.C. | 8 | | 1601, et seq.) that is recognized as eligible for the special | 9 | | programs and services provided by the United States to Indians | 10 | | because of their status as Indians under 25 U.S.C. 450b(e), as | 11 | | set forth in the annually published Bureau of Indian Affairs | 12 | | list of Indian Entities Recognized and Eligible to Receive | 13 | | Services.
| 14 | | "Indirect cost" means those costs incurred for a common or | 15 | | joint purpose benefitting more than one cost objective and not | 16 | | readily assignable to the cost objectives specifically | 17 | | benefitted without effort disproportionate to the results | 18 | | achieved. | 19 | | "Inspector General" means the Office of the Executive | 20 | | Inspector General for Executive branch agencies. | 21 | | "Loan" means a State or federal loan or loan guarantee | 22 | | received or administered by a non-federal entity. "Loan" does | 23 | | not include a "program income" as defined in 2 CFR 200.80.
| 24 | | "Loan guarantee" means any State or federal government | 25 | | guarantee, insurance, or other pledge with respect to the | 26 | | payment of all or a part of the principal or interest on any |
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| 1 | | debt obligation of a non-federal borrower to a non-federal | 2 | | lender, but does not include the insurance of deposits, shares, | 3 | | or other withdrawable accounts in financial institutions. | 4 | | "Local government" has the meaning provided for the term | 5 | | "units of local government" under Section 1 of Article VII of | 6 | | the Illinois Constitution and includes school districts. | 7 | | "Major program" means a federal program determined by the | 8 | | auditor to be a major program in accordance with 2 CFR 200.518 | 9 | | or a program identified as a major program by a federal | 10 | | awarding agency or pass-through entity in accordance with 2 CFR | 11 | | 200.503(e).
| 12 | | "Non-federal entity" means a state, local government, | 13 | | Indian tribe, institution of higher education, or | 14 | | organization, whether nonprofit or for-profit, that carries | 15 | | out a State or federal award as a recipient or subrecipient. | 16 | | "Nonprofit organization" means any corporation, trust, | 17 | | association, cooperative, or other organization, not including | 18 | | institutions of higher education, that:
| 19 | | (1) is operated primarily for scientific, educational, | 20 | | service, charitable, or similar purposes in the public | 21 | | interest;
| 22 | | (2) is not organized primarily for profit; and
| 23 | | (3) uses net proceeds to maintain, improve, or expand | 24 | | the operations of the organization.
| 25 | | "Obligations", when used in connection with a non-federal | 26 | | entity's utilization of funds under an award, means orders |
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| 1 | | placed for property and services, contracts and subawards made, | 2 | | and similar transactions during a given period that require | 3 | | payment by the non-federal entity during the same or a future | 4 | | period.
| 5 | | "Office of Management and Budget" means the Office of | 6 | | Management and Budget of the Executive Office of the President. | 7 | | "Other clusters" has the meaning provided by the federal | 8 | | Office of Management and Budget in the compliance supplement or | 9 | | has the meaning as it is designated by a state for federal | 10 | | awards the state provides to its subrecipients that meet the | 11 | | definition of a cluster of programs. When designating an "other | 12 | | cluster", a state must identify the federal awards included in | 13 | | the cluster and advise the subrecipients of compliance | 14 | | requirements applicable to the cluster. | 15 | | "Oversight agency for audit" means the federal awarding | 16 | | agency that provides the predominant amount of funding directly | 17 | | to a non-federal entity not assigned a cognizant agency for | 18 | | audit. When there is no direct funding, the awarding agency | 19 | | that is the predominant source of pass-through funding must | 20 | | assume the oversight responsibilities. The duties of the | 21 | | oversight agency for audit and the process for any | 22 | | reassignments are described in 2 CFR 200.513(b). | 23 | | "Pass-through entity" means a non-federal entity that | 24 | | provides a subaward to a subrecipient to carry out part of a | 25 | | program.
| 26 | | "Private award" means an award from a person or entity |
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| 1 | | other than a State or federal entity. Private awards are not | 2 | | subject to the provisions of this Act.
| 3 | | "Property" means real property or personal property.
| 4 | | "Project cost" means total allowable costs incurred under | 5 | | an award and all required cost sharing and voluntary committed | 6 | | cost sharing, including third-party contributions.
| 7 | | "Public institutions of higher education" has the meaning | 8 | | provided in Section 1 of the Board of Higher Education Act.
| 9 | | "Recipient" means a non-federal entity that receives an | 10 | | award directly from an awarding agency to carry out an activity | 11 | | under a program. "Recipient" does not include subrecipients. | 12 | | "Research and Development" means all research activities, | 13 | | both basic and applied, and all development activities that are | 14 | | performed by non-federal entities. | 15 | | "Single Audit Act" means the federal Single Audit Act | 16 | | Amendments of 1996 (31 U.S.C. 7501-7507). | 17 | | "State agency" means an Executive branch agency. For | 18 | | purposes of this Act, "State agency" does not include public | 19 | | institutions of higher education. | 20 | | "State award" means the financial assistance that a | 21 | | non-federal entity receives from the State and that is funded | 22 | | with either State funds or federal funds; in the latter case, | 23 | | the State is acting as a pass-through entity. | 24 | | "State awarding agency" means a State agency that provides | 25 | | an award to a non-federal entity. | 26 | | "State grant-making agency" has the same meaning as "State |
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| 1 | | awarding agency". | 2 | | "State interest" means the acquisition or improvement of | 3 | | real property, equipment, or supplies under a State award, the | 4 | | dollar amount that is the product of the State share of the | 5 | | total project costs and current fair market value of the | 6 | | property, improvements, or both, to the extent the costs of | 7 | | acquiring or improving the property were included as project | 8 | | costs. | 9 | | "State program" means any of the following: | 10 | | (1) All State awards which are assigned a single number | 11 | | in the Catalog of State Financial Assistance. | 12 | | (2) When no Catalog of State Financial Assistance | 13 | | number is assigned, all State awards to non-federal | 14 | | entities from the same agency made for the same purpose are | 15 | | considered one program. | 16 | | (3) A cluster of programs as defined in this Section. | 17 | | "State share" means the portion of the total project costs | 18 | | that are paid by State funds. | 19 | | "Stop payment order" means a communication from a State | 20 | | grant-making agency to the Office of the Comptroller requesting | 21 | | the cessation of payments to a recipient or subrecipient as a | 22 | | result of the recipient's or subrecipient's failure to comply | 23 | | with one or more terms of the grant or subaward. | 24 | | "Stop payment system" means the system maintained by the | 25 | | Office of the Comptroller which effects stop payment orders and | 26 | | the lifting of stop payment orders upon the direction of a |
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| 1 | | State grant-making agency. | 2 | | "Student Financial Aid" means federal awards under those | 3 | | programs of general student assistance, such as those | 4 | | authorized by Title IV of the Higher Education Act of 1965, as | 5 | | amended (20 U.S.C. 1070-1099d), that are administered by the | 6 | | United States Department of Education and similar programs | 7 | | provided by other federal agencies. "Student Financial Aid" | 8 | | does not include federal awards under programs that provide | 9 | | fellowships or similar federal awards to students on a | 10 | | competitive basis or for specified studies or research. | 11 | | "Subaward" means a State or federal award provided by a | 12 | | pass-through entity to a subrecipient for the subrecipient to | 13 | | carry out part of a federal award received by the pass-through | 14 | | entity. "Subaward" does not include payments to a contractor or | 15 | | payments to an individual that is a beneficiary of a federal | 16 | | program. A "subaward" may be provided through any form of legal | 17 | | agreement, including an agreement that the pass-through entity | 18 | | considers a contract.
| 19 | | "Subrecipient" means a non-federal entity that receives a | 20 | | State or federal subaward from a pass-through entity to carry | 21 | | out part of a federal program. "Subrecipient" does not include | 22 | | an individual that is a beneficiary of such program. A | 23 | | "subrecipient" may also be a recipient of other State or | 24 | | federal awards directly from a State or federal awarding | 25 | | agency.
| 26 | | "Suspension" means a post-award action by the State or |
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| 1 | | federal agency or pass-through entity that temporarily | 2 | | withdraws the State or federal agency's or pass-through | 3 | | entity's financial assistance sponsorship under an award, | 4 | | pending corrective action by the recipient or subrecipient or | 5 | | pending a decision to terminate the award.
| 6 | | "Uniform Administrative Requirements, Costs Principles, | 7 | | and Audit Requirements for Federal Awards" means those rules | 8 | | applicable to grants contained in 2 CFR 200. | 9 | | "Voluntary committed cost sharing" means cost sharing | 10 | | specifically pledged on a voluntary basis in the proposal's | 11 | | budget or the award on the part of the non-federal entity and | 12 | | that becomes a binding requirement of the award.
| 13 | | (Source: P.A. 98-706, eff. 7-16-14.) | 14 | | (30 ILCS 708/25) | 15 | | (Section scheduled to be repealed on July 16, 2019)
| 16 | | Sec. 25. Supplemental rules. On or before July 1, 2015, the | 17 | | Governor's Office of Management and Budget, with the advice and | 18 | | technical assistance of the Illinois Single Audit Commission, | 19 | | shall adopt supplemental rules pertaining to the following: | 20 | | (1) Criteria to define mandatory formula-based grants | 21 | | and discretionary grants.
| 22 | | (2) The award of one-year grants for new applicants.
| 23 | | (3) The award of competitive grants in 3-year terms | 24 | | (one-year initial terms with the option to renew for up to | 25 | | 2 additional years) to coincide with the federal award.
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| 1 | | (4) The issuance of grants, including:
| 2 | | (A) public notice of announcements of funding | 3 | | opportunities; | 4 | | (B) the development of uniform grant applications;
| 5 | | (C) State agency review of merit of proposals and | 6 | | risk posed by applicants;
| 7 | | (D) specific conditions for individual recipients | 8 | | (requiring the use of a fiscal agent and additional | 9 | | corrective conditions);
| 10 | | (E) certifications and representations;
| 11 | | (F) pre-award costs;
| 12 | | (G) performance measures and statewide prioritized | 13 | | goals under Section 50-25 of the State Budget Law of | 14 | | the Civil Administrative Code of Illinois, commonly | 15 | | referred to as "Budgeting for Results"; and
| 16 | | (H) for mandatory formula grants, the merit of the | 17 | | proposal and the risk posed should result in additional | 18 | | reporting, monitoring, or measures such as | 19 | | reimbursement-basis only.
| 20 | | (5) The development of uniform budget requirements, | 21 | | which shall include:
| 22 | | (A) mandatory submission of budgets as part of the | 23 | | grant application process;
| 24 | | (B) mandatory requirements regarding contents of | 25 | | the budget including, at a minimum, common detail line | 26 | | items specified under guidelines issued by the |
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| 1 | | Governor's Office of Management and Budget; | 2 | | (C) a requirement that the budget allow | 3 | | flexibility to add lines describing costs that are | 4 | | common for the services provided as outlined in the | 5 | | grant application; | 6 | | (D) a requirement that the budget include | 7 | | information necessary for analyzing cost and | 8 | | performance for use in the Budgeting for Results | 9 | | initiative; and | 10 | | (E) caps on the amount of salaries that may be | 11 | | charged to grants based on the limitations imposed by | 12 | | federal agencies. | 13 | | (6) The development of pre-qualification requirements | 14 | | for applicants, including the fiscal condition of the | 15 | | organization and the provision of the following | 16 | | information:
| 17 | | (A) organization name;
| 18 | | (B) Federal Employee Identification Number;
| 19 | | (C) Data Universal Numbering System (DUNS) number;
| 20 | | (D) fiscal condition;
| 21 | | (E) whether the applicant is in good standing with | 22 | | the Secretary of State;
| 23 | | (F) past performance in administering grants;
| 24 | | (G) whether the applicant is or has ever been on | 25 | | the Debarred and Suspended List maintained by the | 26 | | Governor's Office of Management and Budget;
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| 1 | | (H) whether the applicant is or has ever been on | 2 | | the federal Excluded Parties List; and | 3 | | (I) whether the applicant is or has ever been on | 4 | | the Sanctioned Party List maintained by the Illinois | 5 | | Department of Healthcare and Family Services.
| 6 | | Nothing in this Act affects the provisions of the Fiscal | 7 | | Control and Internal Auditing Act nor the requirement that the | 8 | | management of each State agency is responsible for maintaining | 9 | | effective internal controls under that Act. | 10 | | For public institutions of higher education, the | 11 | | provisions of this Section apply only to awards funded by State | 12 | | appropriations and federal pass-through awards from a State | 13 | | agency to public institutions of higher education.
| 14 | | (Source: P.A. 98-706, eff. 7-16-14.) | 15 | | (30 ILCS 708/50) | 16 | | (Section scheduled to be repealed on July 16, 2019)
| 17 | | Sec. 50. State grant-making agency responsibilities. | 18 | | (a) The specific requirements and responsibilities of | 19 | | State grant-making agencies and non-federal entities are set | 20 | | forth in this Act. State agencies making State awards to | 21 | | non-federal entities must adopt by rule the language in 2 CFR | 22 | | 200, Subpart C through Subpart F unless different provisions | 23 | | are required by law. | 24 | | (b) Each State grant-making agency shall appoint a Chief | 25 | | Accountability Officer who shall serve as a liaison to the |
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| 1 | | Grant Accountability and Transparency Unit and who shall be | 2 | | responsible for the State agency's implementation of and | 3 | | compliance with the rules. | 4 | | (c) In order to effectively measure the performance of its | 5 | | recipients and subrecipients, each State grant-making agency | 6 | | shall:
| 7 | | (1) require its recipients and subrecipients to relate | 8 | | financial data to performance accomplishments of the award | 9 | | and, when applicable, must require recipients and | 10 | | subrecipients to provide cost information to demonstrate | 11 | | cost-effective practices. The
recipient's and | 12 | | subrecipient's performance should be measured in a way that | 13 | | will help the State agency to improve program outcomes, | 14 | | share lessons learned, and spread the adoption of promising | 15 | | practices; and
| 16 | | (2) provide recipients and subrecipients with clear | 17 | | performance goals, indicators, and milestones and must | 18 | | establish performance reporting frequency and content to | 19 | | not only allow the State agency to understand the | 20 | | recipient's progress, but also to facilitate
| 21 | | identification of promising practices among recipients and | 22 | | subrecipients and build the evidence upon which the State | 23 | | agency's program and performance decisions are made.
| 24 | | (c-5) Each State grant-making agency shall evaluate the | 25 | | compliance of its recipients and subrecipients within the terms | 26 | | of the grant or subaward and, where appropriate, shall request |
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| 1 | | that the Office of the Comptroller issue a stop payment order | 2 | | in accordance with Section 105 of this Act. | 3 | | (d) The Governor's Office of Management and Budget shall | 4 | | provide such advice and technical assistance to the State | 5 | | grant-making agencies as is necessary or indicated in order to | 6 | | ensure compliance with this Act.
| 7 | | (Source: P.A. 98-706, eff. 7-16-14.) | 8 | | (30 ILCS 708/55) | 9 | | (Section scheduled to be repealed on July 16, 2019)
| 10 | | Sec. 55. The Governor's Office of Management and Budget | 11 | | responsibilities.
| 12 | | (a) The Governor's Office of Management and Budget shall: | 13 | | (1) provide technical assistance and interpretations | 14 | | of policy requirements in order to ensure effective and | 15 | | efficient implementation of this Act by State grant-making | 16 | | agencies; and | 17 | | (2) have authority to approve any exceptions to the | 18 | | requirements of this Act and shall adopt rules governing | 19 | | the criteria to be considered when an exception is | 20 | | requested; exceptions shall only be made in particular | 21 | | cases where adequate justification is presented. | 22 | | (b) The Governor's Office of Management and Budget shall, | 23 | | on or before July 1, 2014, establish a centralized unit within | 24 | | the Governor's Office of Management and Budget. The centralized | 25 | | unit shall be known as the Grant Accountability and |
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| 1 | | Transparency Unit and shall be funded with a portion of the | 2 | | administrative funds provided under existing and future State | 3 | | and federal pass-through grants.
The amounts charged will be | 4 | | allocated based on the actual cost of the services provided to | 5 | | State grant-making agencies and public institutions of higher | 6 | | education in accordance with the applicable federal cost | 7 | | principles contained in 2 CFR 200 and this Act will not cause | 8 | | the reduction in the amount of any State or federal grant | 9 | | awards that have been or will be directed towards State | 10 | | agencies or public institutions of higher education.
| 11 | | (c) The Governor's Office of Management and Budget, in | 12 | | conjunction with the Illinois Single Audit Commission, shall | 13 | | convene a subcommittee of the Commission to research and | 14 | | provide recommendations to the General Assembly regarding the | 15 | | adoption of legislation in accordance with the federal Improper | 16 | | Payments Elimination and Recovery Improvement Act of 2012. The | 17 | | subcommittee's recommendations shall be included in the Annual | 18 | | Report of the Commission to be submitted to the General | 19 | | Assembly on January 1, 2017. | 20 | | (Source: P.A. 98-706, eff. 7-16-14.) | 21 | | (30 ILCS 708/95) | 22 | | (Section scheduled to be repealed on July 16, 2019)
| 23 | | Sec. 95. Annual report. Effective January 1, 2016 and each | 24 | | January 1 thereafter, the Governor's Office of Management and | 25 | | Budget, in conjunction with the Illinois Single Audit |
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| 1 | | Commission, shall submit to the Governor and the General | 2 | | Assembly a report that demonstrates the efficiencies, cost | 3 | | savings, and reductions in fraud, waste, and abuse as a result | 4 | | of the implementation of this Act and the rules adopted by the | 5 | | Governor's Office of Management and Budget in accordance with | 6 | | the provisions of this Act. The report shall include, but not | 7 | | be limited to:
| 8 | | (1) the number of entities placed on the Illinois | 9 | | Debarred and Suspended List;
| 10 | | (2) any savings realized as a result of the | 11 | | implementation of this Act;
| 12 | | (3) any reduction in the number of duplicative audit | 13 | | report reviews audits ;
| 14 | | (4) the number of persons trained to assist grantees | 15 | | and subrecipients; and
| 16 | | (5) the number of grantees and subrecipients to whom a | 17 | | fiscal agent was assigned.
| 18 | | (Source: P.A. 98-706, eff. 7-16-14.) | 19 | | (30 ILCS 708/105 new) | 20 | | Sec. 105. Stop payment system. | 21 | | (a) On or before July 1, 2017, the Governor's Office of | 22 | | Management and Budget shall adopt rules pertaining to the | 23 | | following: | 24 | | (1) Factors to be considered in determining whether to | 25 | | issue a stop payment order; |
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| 1 | | (2) Factors to be considered in determining whether a | 2 | | stop payment order should be lifted; and | 3 | | (3) Procedures for notification to the recipient or | 4 | | subrecipient of the issuance of a stop payment order, the | 5 | | lifting of a stop payment order, and any other related | 6 | | information. | 7 | | (b) On or before December 31, 2017, the Governor's Office | 8 | | of Management and Budget shall, in conjunction with State | 9 | | grant-making agencies, adopt rules pertaining to the | 10 | | following: | 11 | | (1) Policies regarding the issuance of stop payment | 12 | | orders; | 13 | | (2) Policies regarding the lifting of stop payment | 14 | | orders; | 15 | | (3) Policies regarding corrective actions required of | 16 | | recipients and subrecipients in the event a stop payment | 17 | | order is issued; and | 18 | | (4) Policies regarding the coordination of | 19 | | communications between the Office of the Comptroller and | 20 | | State grant-making agencies regarding the issuance of stop | 21 | | payment orders and the lifting of such orders. | 22 | | (c) On or before July 1, 2018, the Office of the | 23 | | Comptroller shall have established a stop payment system that | 24 | | shall cause the temporary or permanent cessation of payments to | 25 | | a recipient or subrecipient in specified circumstances. Such a | 26 | | temporary or permanent cessation of payments will occur |
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| 1 | | pursuant to a stop payment order issued by a State grant-making | 2 | | agency and implemented by the Office of the Comptroller. | 3 | | (d) The State grant-making agency shall maintain a file | 4 | | pertaining to all stop payment orders which shall include, at a | 5 | | minimum: | 6 | | (1) The notice to the recipient or subrecipient that a | 7 | | stop payment order has been issued. The notice shall | 8 | | include: | 9 | | (A) The name of the grant. | 10 | | (B) The grant number. | 11 | | (C) The name of the State agency that issued the | 12 | | grant. | 13 | | (D) The reason(s) for the stop payment order. | 14 | | (E) Notification that the stop payment order | 15 | | applies to all grants and contracts issued by the | 16 | | State. | 17 | | (F) Any other relevant information. | 18 | | (2) The order lifting the stop payment order, if | 19 | | applicable. | 20 | | (30 ILCS 708/110 new) | 21 | | Sec. 110. Documentation of award decisions. Each award that | 22 | | is granted pursuant to an application process must include | 23 | | documentation to support the award. | 24 | | (a) For each State or federal pass-through award that is | 25 | | granted following an application process, the State |
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| 1 | | grant-making agency shall create a grant award file. The grant | 2 | | award file shall contain, at a minimum: | 3 | | (1) A description of the grant. | 4 | | (2) The Notice of Opportunity. | 5 | | (3) All applications received in response to the Notice | 6 | | of Opportunity. | 7 | | (4) Copies of any written communications between an | 8 | | applicant and the State grant-making agency. | 9 | | (5) The criteria used to evaluate the applications. | 10 | | (6) The scores assigned to each applicant according to | 11 | | the criteria. | 12 | | (7) A written determination, signed by an authorized | 13 | | representative of the State grant-making agency, setting | 14 | | forth the reason for the grant award decision. | 15 | | (8) The Notice of Award. | 16 | | (9) Any other pre-award documents. | 17 | | (10) The grant agreement and any renewals, if | 18 | | applicable; | 19 | | (11) All post-award, administration, and close-out | 20 | | documents relating to the grant. | 21 | | (12) Any other information relevant to the grant award. | 22 | | (b) The grant file shall not include trade secrets or other | 23 | | competitively sensitive, confidential, or proprietary | 24 | | information. | 25 | | (c) Each grant file shall be maintained by the State | 26 | | grant-making agency and, subject to the provisions of the |
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| 1 | | Freedom of Information Act, shall be available for public | 2 | | inspection and copying within 7 calendar days following award | 3 | | of the grant. | 4 | | (30 ILCS 708/115 new) | 5 | | Sec. 115. Certifications and representations. Unless | 6 | | prohibited by State or federal statute, regulation, or | 7 | | administrative rule, each State awarding agency or | 8 | | pass-through entity is authorized to require the recipient or | 9 | | subrecipient to submit certifications and representations | 10 | | required by State or federal statute, regulation, or | 11 | | administrative rule. | 12 | | (30 ILCS 708/120 new) | 13 | | Sec. 120. Required certifications. To assure that | 14 | | expenditures are proper and in accordance with the terms and | 15 | | conditions of the grant award and approved project budgets, all | 16 | | periodic and final financial reports, and all payment requests | 17 | | under the grant agreement, must include a certification, signed | 18 | | by an official who is authorized to legally bind the grantee or | 19 | | subrecipient, that reads as follows: | 20 | | "By signing this report and/or payment request, I | 21 | | certify to the best of my knowledge and belief that this | 22 | | report is true, complete, and accurate; that the | 23 | | expenditures, disbursements, and cash receipts are for the | 24 | | purposes and objectives set forth in the terms and |
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| 1 | | conditions of the State or federal pass-through award; and | 2 | | that supporting documentation has been submitted as | 3 | | required by the grant agreement. I acknowledge that | 4 | | approval for any item or expenditure described herein shall | 5 | | be considered conditional subject to further review and | 6 | | verification in accordance with the monitoring and records | 7 | | retention provisions of the grant agreement. I am aware | 8 | | that any false, fictitious, or fraudulent information, or | 9 | | the omission of any material fact, may subject me to | 10 | | criminal, civil or administrative penalties for fraud, | 11 | | false statements, false claims or otherwise. 18 U.S.C. | 12 | | §1001; 31 U.S.C. §§3729-3730 and §§3801-3812; 30 ILCS 708/ | 13 | | 120." | 14 | | (30 ILCS 708/125 new) | 15 | | Sec. 125. Expenditures prior to grant execution; reporting | 16 | | requirements. | 17 | | (a) In the event that a recipient or subrecipient incurs | 18 | | expenses related to the grant award prior to the execution of | 19 | | the grant agreement but within the term of the grant, and the | 20 | | grant agreement is executed more than 30 days after the | 21 | | effective date of the grant, the recipient or subrecipient must | 22 | | submit to the State grant-making agency a report that accounts | 23 | | for eligible grant expenditures and project activities from the | 24 | | effective date of the grant up to and including the date of | 25 | | execution of the grant agreement. |
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| 1 | | (b) The recipient or subrecipient must submit the report to | 2 | | the State grant-making agency within 30 days of execution of | 3 | | the grant agreement. | 4 | | (c) Only those expenses that are reasonable, allowable, and | 5 | | in furtherance of the purpose of the grant award shall be | 6 | | reimbursed. | 7 | | (d) The State grant-making agency must approve the report | 8 | | prior to issuing any payment to the recipient or subrecipient. | 9 | | (30 ILCS 708/130 new) | 10 | | Sec. 130. Travel costs. | 11 | | (a) General. Travel costs are the expenses for | 12 | | transportation, lodging, subsistence, and related items | 13 | | incurred by the employees of the recipient or subrecipient who | 14 | | are in travel status on official business of the recipient or | 15 | | subrecipient. Such costs may only be charged to a State or | 16 | | federal pass-through grant on a per diem or mileage basis in | 17 | | accordance with the rules of the Governor's Travel Control | 18 | | Board. | 19 | | (b) Lodging and subsistence. Costs incurred for travel, | 20 | | including costs of lodging, other subsistence, and incidental | 21 | | expenses, must be considered reasonable and otherwise | 22 | | allowable only to the extent such costs do not exceed charges | 23 | | normally allowed by the rules of the Governor's Travel Control | 24 | | Board. In addition, if these costs are charged directly to the | 25 | | State or federal pass-through award documentation must justify |
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| 1 | | that: | 2 | | (1) Participation of the individual is necessary to the | 3 | | State or federal pass-through award; and | 4 | | (2) The costs are reasonable and consistent with the | 5 | | rules of the Governor's Travel Control Board. | 6 | | (c) Commercial air travel. | 7 | | (1) Airfare costs in excess of the basic least | 8 | | expensive unrestricted accommodations class offered by | 9 | | commercial airlines are unallowable except when such | 10 | | accommodations would: | 11 | | (i) Require circuitous routing; | 12 | | (ii) Require travel during unreasonable hours; | 13 | | (iii) Excessively prolong travel; | 14 | | (iv) Result in additional costs that would offset | 15 | | the transportation savings; or | 16 | | (v) Offer accommodations not reasonably adequate | 17 | | for the traveler's medical needs. ". | 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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