SB2645 EnrolledLRB104 13047 BDA 24983 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Fire Marshal Act is amended by
5changing Section 2.8 as follows:
 
6    (20 ILCS 2905/2.8)
7    Sec. 2.8. Fire Station Rehabilitation and Construction
8Grant Program. The Office shall establish and administer a
9Fire Station Rehabilitation and Construction Grant Program to
10award grants to units of local government and not-for-profit
11fire departments exempt from federal income taxes under
12Section 501(c)(3) of the Internal Revenue Code for the
13rehabilitation or construction of fire stations. The Office
14shall adopt any rules necessary for the implementation and
15administration of this Section.
16(Source: P.A. 103-8, eff. 6-7-23.)
 
17    Section 10. The Governor's Office of Management and Budget
18Act is amended by changing Section 2.9 as follows:
 
19    (20 ILCS 3005/2.9)
20    Sec. 2.9. Pursuant to the Grant Accountability and
21Transparency Act, to maintain a list of those individuals and

 

 

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1entities that are ineligible, either temporarily or
2permanently, to receive an award of grant funds from the
3State.
4(Source: P.A. 98-706, eff. 7-16-14.)
 
5    Section 15. The Grant Accountability and Transparency Act
6is amended by changing Sections 15, 60, and 105 as follows:
 
7    (30 ILCS 708/15)
8    Sec. 15. Definitions. As used in this Act:
9    "Allowable cost" means a cost allowable to a project if:
10        (1) the costs are reasonable and necessary for the
11    performance of the award;
12        (2) the costs are allocable to the specific project;
13        (3) the costs are treated consistently in like
14    circumstances to both federally-financed and other
15    activities of the non-federal entity;
16        (4) the costs conform to any limitations of the cost
17    principles or the sponsored agreement;
18        (5) the costs are accorded consistent treatment; a
19    cost may not be assigned to a State or federal award as a
20    direct cost if any other cost incurred for the same
21    purpose in like circumstances has been allocated to the
22    award as an indirect cost;
23        (6) the costs are determined to be in accordance with
24    generally accepted accounting principles;

 

 

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1        (7) the costs are not included as a cost or used to
2    meet federal cost-sharing or matching requirements of any
3    other program in either the current or prior period;
4        (8) the costs of one State or federal grant are not
5    used to meet the match requirements of another State or
6    federal grant; and
7        (9) the costs are adequately documented.
8    "Assistance listings" means the publicly available listing
9of federal assistance programs managed and administered by the
10General Services Administration, formerly known as the Catalog
11of Federal Domestic Assistance (CFDA).
12    "Assistance listing number" or "ALN" means a unique number
13assigned to identify a federal assistance listing, formerly
14known as the CFDA Number.
15    "Auditee" means any non-federal entity that expends State
16or federal awards that must be audited.
17    "Auditor" means an auditor who is a public accountant or a
18federal, State, or local government audit organization that
19meets the general standards specified in generally-accepted
20government auditing standards. "Auditor" does not include
21internal auditors of nonprofit organizations.
22    "Auditor General" means the Auditor General of the State
23of Illinois.
24    "Award" means financial assistance that provides support
25or stimulation to accomplish a public purpose. "Awards"
26include grants and other agreements in the form of money, or

 

 

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1property in lieu of money, by the State or federal government
2to an eligible recipient. "Award" does not include: technical
3assistance that provides services instead of money; other
4assistance in the form of loans, loan guarantees, interest
5subsidies, or insurance; direct payments of any kind to
6individuals; or contracts that must be entered into and
7administered under State or federal procurement laws and
8regulations.
9    "Budget" means the financial plan for the project or
10program that the awarding agency or pass-through entity
11approves during the award process or in subsequent amendments
12to the award. It may include the State or federal and
13non-federal share or only the State or federal share, as
14determined by the awarding agency or pass-through entity.
15    "Catalog of State Financial Assistance" means the single,
16authoritative, statewide, comprehensive source document of
17State financial assistance program information maintained by
18the Governor's Office of Management and Budget.
19    "Catalog of State Financial Assistance Number" means the
20number assigned to a State program in the Catalog of State
21Financial Assistance. The first 3 digits represent the State
22agency number and the last 4 digits represent the program.
23    "Cluster of programs" means a grouping of closely related
24programs that share common compliance requirements. The types
25of clusters of programs are research and development, student
26financial aid, and other clusters. A "cluster of programs"

 

 

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1shall be considered as one program for determining major
2programs and, with the exception of research and development,
3whether a program-specific audit may be elected.
4    "Cognizant agency for audit" means the federal agency
5designated to carry out the responsibilities described in 2
6CFR Part 200, Subpart F - Audit Requirements.
7    "Contract" means a legal instrument by which a non-federal
8entity purchases property or services needed to carry out the
9project or program under an award. "Contract" does not include
10a legal instrument, even if the non-federal entity considers
11it a contract, when the substance of the transaction meets the
12definition of an award or subaward.
13    "Contractor" means an entity that receives a contract.
14    "Cooperative agreement" means a legal instrument of
15financial assistance between an awarding agency or
16pass-through entity and a non-federal entity that:
17        (1) is used to enter into a relationship with the
18    principal purpose of transferring anything of value from
19    the awarding agency or pass-through entity to the
20    non-federal entity to carry out a public purpose
21    authorized by law, but is not used to acquire property or
22    services for the awarding agency's or pass-through
23    entity's direct benefit or use; and
24        (2) is distinguished from a grant in that it provides
25    for substantial involvement between the awarding agency or
26    pass-through entity and the non-federal entity in carrying

 

 

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1    out the activity contemplated by the award.
2    "Cooperative agreement" does not include a cooperative
3research and development agreement, nor an agreement that
4provides only direct cash assistance to an individual, a
5subsidy, a loan, a loan guarantee, or insurance.
6    "Corrective action" means action taken by the auditee that
7(i) corrects identified deficiencies, (ii) produces
8recommended improvements, or (iii) demonstrates that audit
9findings are either invalid or do not warrant auditee action.
10    "Cost objective" means a program, function, activity,
11award, organizational subdivision, contract, or work unit for
12which cost data is desired and for which provision is made to
13accumulate and measure the cost of processes, products, jobs,
14and capital projects. A "cost objective" may be a major
15function of the non-federal entity, a particular service or
16project, an award, or an indirect cost activity.
17    "Cost sharing" means the portion of project costs not paid
18by State or federal funds, unless otherwise authorized by
19statute.
20    "Development" is the systematic use of knowledge and
21understanding gained from research directed toward the
22production of useful materials, devices, systems, or methods,
23including design and development of prototypes and processes.
24    "Direct costs" means:
25        (1) costs that can be identified specifically with a
26    particular final cost objective, such as a State or

 

 

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1    federal or federal pass-through award or a particular
2    sponsored project, an instructional activity, or any other
3    institutional activity, or that can be directly assigned
4    to such activities relatively easily with a high degree of
5    accuracy;
6        (2) costs charged directly to a State or federal award
7    that are for the compensation of employees who work on
8    that award, their related fringe benefits, or the costs of
9    materials and other items of expense incurred for the
10    State or federal award;
11        (3) costs that are directly related to a specific
12    award but that would otherwise be treated as indirect
13    costs;
14        (4) salaries of administrative and clerical staff only
15    if all the following conditions are met:
16            (A) the individual's services are integral to a
17        project or activity;
18            (B) the individual can be specifically identified
19        with the project or activity;
20            (C) the costs are explicitly included in the
21        budget or have the prior written approval of the State
22        awarding agency; and
23            (D) the costs are not also recovered as indirect
24        costs.
25    Costs incurred for the same purpose in like circumstances
26must be treated consistently as either direct costs or

 

 

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1indirect costs.
2    "Equipment" means tangible personal property (including
3information technology systems) having a useful life of more
4than one year and a per-unit acquisition cost that equals or
5exceeds the lesser of the capitalization level established by
6the non-federal entity for financial statement purposes, or
7$5,000.
8    "Executive branch" means that branch of State government
9that is under the jurisdiction of the Governor.
10    "Federal agency" has the meaning provided for "agency"
11under 5 U.S.C. 551(1) together with the meaning provided for
12"agency" by 5 U.S.C. 552(f).
13    "Federal award" means:
14        (1) the federal financial assistance that a
15    non-federal entity receives directly from a federal
16    awarding agency or indirectly from a pass-through entity;
17        (2) the cost-reimbursement contract under the Federal
18    Acquisition Regulations that a non-federal entity receives
19    directly from a federal awarding agency or indirectly from
20    a pass-through entity; or
21        (3) the instrument setting forth the terms and
22    conditions when the instrument is the grant agreement,
23    cooperative agreement, other agreement for assistance
24    covered in 2 CFR Part 200, Subpart A, Acronyms and
25    Definitions, or the cost-reimbursement contract awarded
26    under the Federal Acquisition Regulations.

 

 

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1    "Federal award" does not include other contracts that a
2federal agency uses to buy goods or services from a contractor
3or a contract to operate federal government owned,
4contractor-operated facilities.
5    "Federal awarding agency" means the federal agency that
6provides a federal award directly to a non-federal entity.
7    "Federal interest" means, for purposes of 2 CFR 200,
8Subpart D, Post Federal Award Requirements (Performance and
9Financial Monitoring and Reporting) or when used in connection
10with the acquisition or improvement of real property,
11equipment, or supplies under a federal award, the dollar
12amount that is the product of the federal share of total
13project costs and current fair market value of the property,
14improvements, or both, to the extent the costs of acquiring or
15improving the property were included as project costs.
16    "Federal program" means any of the following:
17        (1) All federal awards which are assigned a single
18    number in the assistance listings.
19        (2) When no assistance listing number is assigned, all
20    federal awards to non-federal entities from the same
21    agency made for the same purpose should be combined and
22    considered one program.
23        (3) Notwithstanding paragraphs (1) and (2) of this
24    definition, a cluster of programs. The types of clusters
25    of programs are:
26            (A) research and development;

 

 

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1            (B) student financial aid; and
2            (C) "other clusters", as described in the
3        definition of "cluster of programs".
4    "Federal share" means the portion of the total project
5costs that are paid by federal funds.
6    "Final cost objective" means a cost objective which has
7allocated to it both direct and indirect costs and, in the
8non-federal entity's accumulation system, is one of the final
9accumulation points, such as a particular award, internal
10project, or other direct activity of a non-federal entity.
11    "Financial assistance" means the following:
12        (1) For grants and cooperative agreements, "financial
13    assistance" means assistance that non-federal entities
14    receive or administer in the form of:
15            (A) grants;
16            (B) cooperative agreements;
17            (C) non-cash contributions or donations of
18        property, including donated surplus property;
19            (D) direct appropriations;
20            (E) food commodities; and
21            (F) other financial assistance, except assistance
22        listed in paragraph (2) of this definition.
23        (2) "Financial assistance" includes assistance that
24    non-federal entities receive or administer in the form of
25    loans, loan guarantees, interest subsidies, and insurance.
26        (3) "Financial assistance" does not include amounts

 

 

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1    received as reimbursement for services rendered to
2    individuals.
3    "Fixed amount awards" means a type of grant agreement
4under which the awarding agency or pass-through entity
5provides a specific level of support without regard to actual
6costs incurred under the award. "Fixed amount awards" reduce
7some of the administrative burden and record-keeping
8requirements for both the non-federal entity and awarding
9agency or pass-through entity. Accountability is based
10primarily on performance and results.
11    "Foreign public entity" means:
12        (1) a foreign government or foreign governmental
13    entity;
14        (2) a public international organization that is
15    entitled to enjoy privileges, exemptions, and immunities
16    as an international organization under the International
17    Organizations Immunities Act (22 U.S.C. 288-288f);
18        (3) an entity owned, in whole or in part, or
19    controlled by a foreign government; or
20        (4) any other entity consisting wholly or partially of
21    one or more foreign governments or foreign governmental
22    entities.
23    "Foreign organization" means an entity that is:
24        (1) a public or private organization located in a
25    country other than the United States and its territories
26    that are subject to the laws of the country in which it is

 

 

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1    located, irrespective of the citizenship of project staff
2    or place of performance;
3        (2) a private nongovernmental organization located in
4    a country other than the United States that solicits and
5    receives cash contributions from the general public;
6        (3) a charitable organization located in a country
7    other than the United States that is nonprofit and tax
8    exempt under the laws of its country of domicile and
9    operation, but is not a university, college, accredited
10    degree-granting institution of education, private
11    foundation, hospital, organization engaged exclusively in
12    research or scientific activities, church, synagogue,
13    mosque, or other similar entity organized primarily for
14    religious purposes; or
15        (4) an organization located in a country other than
16    the United States not recognized as a Foreign Public
17    Entity.
18    "Fringe benefits" has the same meaning as provided in 2
19CFR Part 200, Subpart E - Cost Principles.
20    "Generally Accepted Accounting Principles" has the meaning
21provided in accounting standards issued by the Government
22Accounting Standards Board and the Financial Accounting
23Standards Board.
24    "Generally Accepted Government Auditing Standards" means
25generally accepted government auditing standards issued by the
26Comptroller General of the United States that are applicable

 

 

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1to financial audits.
2    "Grant agreement" means a legal instrument of financial
3assistance between an awarding agency or pass-through entity
4and a non-federal entity that:
5        (1) is used to enter into a relationship, the
6    principal purpose of which is to transfer anything of
7    value from the awarding agency or pass-through entity to
8    the non-federal entity to carry out a public purpose
9    authorized by law and not to acquire property or services
10    for the awarding agency or pass-through entity's direct
11    benefit or use; and
12        (2) is distinguished from a cooperative agreement in
13    that it does not provide for substantial involvement
14    between the awarding agency or pass-through entity and the
15    non-federal entity in carrying out the activity
16    contemplated by the award.
17    "Grant agreement" does not include an agreement that
18provides only direct cash assistance to an individual, a
19subsidy, a loan, a loan guarantee, or insurance.
20    "Grant application" means a specified form that is
21completed by a non-federal entity in connection with a request
22for a specific funding opportunity or a request for financial
23support of a project or activity.
24    "Hospital" means a facility licensed as a hospital under
25the law of any state or a facility operated as a hospital by
26the United States, a state, or a subdivision of a state.

 

 

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1    "Illinois Stop Payment List" or "Illinois Debarred and
2Suspended List" means the list maintained by the Governor's
3Office of Management and Budget that contains the names of
4those individuals and entities that are ineligible, either
5temporarily or permanently, from receiving an award of grant
6funds from the State.
7    "Indirect cost" means those costs incurred for a common or
8joint purpose benefiting more than one cost objective and not
9readily assignable to the cost objectives specifically
10benefited without effort disproportionate to the results
11achieved.
12    "Inspector General" means the Office of the Executive
13Inspector General for Executive branch agencies.
14    "Loan" means a State or federal loan or loan guarantee
15received or administered by a non-federal entity. "Loan" does
16not include a "program income" as defined in 2 CFR 200, Subpart
17A, Acronyms and Definitions.
18    "Loan guarantee" means any State or federal government
19guarantee, insurance, or other pledge with respect to the
20payment of all or a part of the principal or interest on any
21debt obligation of a non-federal borrower to a non-federal
22lender, but does not include the insurance of deposits,
23shares, or other withdrawable accounts in financial
24institutions.
25    "Local government" has the meaning provided for the term
26"units of local government" under Section 1 of Article VII of

 

 

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1the Illinois Constitution and includes school districts.
2    "Major program" means a federal program determined by the
3auditor to be a major program in accordance with 2 CFR Part
4200, Subpart F - Audit Requirements or a program identified as
5a major program by a federal awarding agency or pass-through
6entity in accordance with 2 CFR Part 200, Subpart F - Audit
7Requirements.
8    "Non-federal entity" means a state, local government,
9Indian tribe, institution of higher education, or
10organization, whether nonprofit or for-profit, that carries
11out a State or federal award as a recipient or subrecipient.
12    "Nonprofit organization" means any corporation, trust,
13association, cooperative, or other organization, not including
14institutions of higher education, that:
15        (1) is operated primarily for scientific, educational,
16    service, charitable, or similar purposes in the public
17    interest;
18        (2) is not organized primarily for profit; and
19        (3) uses net proceeds to maintain, improve, or expand
20    the operations of the organization.
21    "Obligations", when used in connection with a non-federal
22entity's utilization of funds under an award, means orders
23placed for property and services, contracts and subawards
24made, and similar transactions during a given period that
25require payment by the non-federal entity during the same or a
26future period.

 

 

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1    "Office of Management and Budget" means the Office of
2Management and Budget of the Executive Office of the
3President.
4    "Other clusters" has the meaning provided by the federal
5Office of Management and Budget in the compliance supplement
6or has the meaning as it is designated by a state for federal
7awards the state provides to its subrecipients that meet the
8definition of a cluster of programs. When designating an
9"other cluster", a state must identify the federal awards
10included in the cluster and advise the subrecipients of
11compliance requirements applicable to the cluster.
12    "Oversight agency for audit" means the federal awarding
13agency that provides the predominant amount of funding
14directly to a non-federal entity not assigned a cognizant
15agency for audit. When there is no direct funding, the
16awarding agency that is the predominant source of pass-through
17funding must assume the oversight responsibilities. The duties
18of the oversight agency for audit and the process for any
19reassignments are described in 2 CFR Part 200, Subpart F -
20Audit Requirements.
21    "Pass-through entity" means a non-federal entity that
22provides a subaward to a subrecipient to carry out part of a
23program.
24    "Private award" means an award from a person or entity
25other than a State or federal entity. Private awards are not
26subject to the provisions of this Act.

 

 

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1    "Property" means real property or personal property.
2    "Project cost" means total allowable costs incurred under
3an award and all required cost sharing and voluntary committed
4cost sharing, including third-party contributions.
5    "Public institutions of higher education" has the meaning
6provided in Section 1 of the Board of Higher Education Act.
7    "Recipient" means a non-federal entity that receives an
8award directly from an awarding agency to carry out an
9activity under a program. "Recipient" does not include
10subrecipients or individuals who are beneficiaries of the
11award.
12    "Research and Development" means all research activities,
13both basic and applied, and all development activities that
14are performed by non-federal entities.
15    "Single Audit Act" means the federal Single Audit Act
16Amendments of 1996 (31 U.S.C. 7501-7507).
17    "State agency" means an Executive branch agency. For
18purposes of this Act, "State agency" does not include public
19institutions of higher education.
20    "State award" means the financial assistance that a
21non-federal entity receives from the State and that is funded
22with either State funds or federal funds; in the latter case,
23the State is acting as a pass-through entity.
24    "State awarding agency" means a State agency that provides
25an award to a non-federal entity.
26    "State grant-making agency" has the same meaning as "State

 

 

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1awarding agency".
2    "State interest" means the acquisition or improvement of
3real property, equipment, or supplies under a State award, the
4dollar amount that is the product of the State share of the
5total project costs and current fair market value of the
6property, improvements, or both, to the extent the costs of
7acquiring or improving the property were included as project
8costs.
9    "State program" means any of the following:
10        (1) All State awards which are assigned a single
11    number 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
15    are 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
18that are paid by State funds.
19    "Stop payment order" means a communication from a State
20grant-making agency to the Office of the Comptroller,
21following procedures set out by the Office of the Comptroller,
22causing the cessation of payments to a recipient or
23subrecipient as a result of the recipient's or subrecipient's
24failure to comply with one or more terms of the grant or
25subaward.
26    "Stop payment procedure" means the procedure created by

 

 

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1the Office of the Comptroller which effects a stop payment
2order and the lifting of a stop payment order upon the request
3of the State grant-making agency.
4    "Student Financial Aid" means federal awards under those
5programs of general student assistance, such as those
6authorized by Title IV of the Higher Education Act of 1965, as
7amended (20 U.S.C. 1070-1099d), that are administered by the
8United States Department of Education and similar programs
9provided by other federal agencies. "Student Financial Aid"
10does not include federal awards under programs that provide
11fellowships or similar federal awards to students on a
12competitive basis or for specified studies or research.
13    "Subaward" means a State or federal award provided by a
14pass-through entity to a subrecipient for the subrecipient to
15carry out part of a federal award received by the pass-through
16entity. "Subaward" does not include payments to a contractor
17or payments to an individual that is a beneficiary of a federal
18program. A "subaward" may be provided through any form of
19legal agreement, including an agreement that the pass-through
20entity considers a contract.
21    "Subrecipient" means a non-federal entity that receives a
22State or federal subaward from a pass-through entity to carry
23out part of a State or federal program. "Subrecipient" does
24not include an individual that is a beneficiary of such
25program. A "subrecipient" may also be a recipient of other
26State or federal awards directly from a State or federal

 

 

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1awarding agency.
2    "Suspension" means a post-award action by the State or
3federal agency or pass-through entity that temporarily
4withdraws the State or federal agency's or pass-through
5entity's financial assistance sponsorship under an award,
6pending corrective action by the recipient or subrecipient or
7pending a decision to terminate the award.
8    "Uniform Administrative Requirements, Costs Principles,
9and Audit Requirements for Federal Awards" means those rules
10applicable to grants contained in 2 CFR Part 200.
11    "Unique Entity Identifier" means the number that is
12established and assigned by the federal government on the
13System for Award Management website (SAM.gov) to uniquely
14identify entities and, under federal law, is required for
15nonfederal entities to apply for, receive, and report on a
16federal award.
17    "Voluntary committed cost sharing" means cost sharing
18specifically pledged on a voluntary basis in the proposal's
19budget or the award on the part of the non-federal entity and
20that becomes a binding requirement of the award.
21(Source: P.A. 103-616, eff. 7-1-24; 103-1068, eff. 3-21-25;
22104-417, eff. 8-15-25.)
 
23    (30 ILCS 708/60)
24    Sec. 60. Grant Accountability and Transparency Unit
25responsibilities.

 

 

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1    (a) The Grant Accountability and Transparency Unit within
2the Governor's Office of Management and Budget shall be
3responsible for:
4        (1) The development of minimum requirements applicable
5    to the staff of grant applicants to manage and execute
6    grant awards for programmatic and administrative purposes,
7    including grant management specialists with:
8            (A) general and technical competencies;
9            (B) programmatic expertise;
10            (C) fiscal expertise and systems necessary to
11        adequately account for the source and application of
12        grant funds for each program; and
13            (D) knowledge of compliance requirements.
14        (2) The development of minimum training requirements,
15    including annual training requirements.
16        (3) Accurate, current, and complete disclosure of the
17    financial results of each funded award, as set forth in
18    the financial monitoring and reporting Section of 2 CFR
19    Part 200.
20        (4) Development of criteria for requiring the
21    retention of a fiscal agent and for becoming a fiscal
22    agent.
23        (5) Development of disclosure requirements in the
24    grant application pertaining to:
25            (A) related-party status between grantees and
26        grant-making agencies;

 

 

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1            (B) past employment of applicant officers and
2        grant managers;
3            (C) disclosure of current or past employment of
4        members of immediate family; and
5            (D) disclosure of senior management of grantee
6        organization and their relationships with contracted
7        vendors.
8        (6) Implementation of rules prohibiting a grantee from
9    charging any cost allocable to a particular award or cost
10    objective to other State or federal awards to overcome
11    fund deficiencies, to avoid restrictions imposed by law or
12    terms of the federal awards, or for other reasons.
13        (7) Implementation of rules prohibiting a non-federal
14    entity from earning or keeping any profit resulting from
15    State or federal financial assistance, unless prior
16    approval has been obtained from the Governor's Office of
17    Management and Budget and is expressly authorized by the
18    terms and conditions of the award.
19        (8) Maintenance of an Illinois Stop Payment List or an
20    Illinois Debarred and Suspended List that contains the
21    names of those individuals and entities that are
22    ineligible, either temporarily or permanently, to receive
23    an award of grant funds from the State.
24        (9) Ensuring the adoption of standardized rules for
25    the implementation of this Act by State grant-making
26    agencies. The Grant Accountability and Transparency Unit

 

 

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1    shall provide such advice and technical assistance to the
2    State grant-making agencies as is necessary or indicated
3    in order to ensure compliance with this Act.
4        (10) Coordination of financial and Single Audit
5    reviews.
6        (11) Coordination of on-site reviews of grantees and
7    subrecipients.
8        (12) Maintenance of the Catalog of State Financial
9    Assistance, which shall be posted on an Internet website
10    maintained by the Governor's Office of Management and
11    Budget that is available to the public.
12        (13) Promotion of best practices for disseminating
13    information about grant opportunities to grant-making
14    agencies statewide, with an emphasis on reaching
15    previously underserved communities and grantees.
16    (b) The Grant Accountability and Transparency Unit shall
17have no power or authority regarding the approval,
18disapproval, management, or oversight of grants entered into
19or awarded by a State agency or by a public institution of
20higher education. The power or authority existing under law to
21grant or award grants by a State agency or by a public
22institution of higher education shall remain with that State
23agency or public institution of higher education. The Unit
24shall be responsible for providing technical assistance to
25guide the Administrative Code amendments proposed by State
26grant-making agencies to comply with this Act and shall be

 

 

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1responsible for establishing standardized policies and
2procedures for State grant-making agencies in order to ensure
3compliance with the Uniform Administrative Requirements, Cost
4Principles and Audit Requirements for Federal Awards set forth
5in 2 CFR Part 200, all of which must be adhered to by the State
6grant-making agencies throughout the life cycle of the grant.
7    (c) The powers and functions of grant making by State
8agencies or public institutions of higher education may not be
9transferred to, nor may prior grant approval be transferred
10to, any other person, office, or entity within the executive
11branch of State government.
12(Source: P.A. 103-1068, eff. 3-21-25.)
 
13    (30 ILCS 708/105)
14    Sec. 105. Stop payment procedures.
15    (a) On or before July 1, 2019, the Governor's Office of
16Management and Budget shall adopt rules pertaining to the
17following:
18        (1) factors to be considered in determining whether to
19    issue a stop payment order shall include whether or not a
20    stop payment order is in the best interests of the State;
21        (2) factors to be considered in determining whether a
22    stop payment order should be lifted; and
23        (3) procedures for notification to the recipient or
24    subrecipient of the issuance of a stop payment order, the
25    lifting of a stop payment order, and any other related

 

 

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1    information.
2    (b) On or before December 31, 2019, the Governor's Office
3of Management and Budget shall, in conjunction with State
4grant-making agencies, adopt rules pertaining to the
5following:
6        (1) policies regarding the issuance of stop payment
7    orders;
8        (2) policies regarding the lifting of stop payment
9    orders;
10        (3) policies regarding corrective actions required of
11    recipients and subrecipients in the event a stop payment
12    order is issued; and
13        (4) policies regarding the coordination of
14    communications between the Office of the Comptroller and
15    State grant-making agencies regarding the issuance of stop
16    payment orders and the lifting of such orders.
17    (c) On or before July 1, 2020, the Office of the
18Comptroller shall establish stop payment procedures that shall
19cause the cessation of payments to a recipient or
20subrecipient. Such a temporary or permanent cessation of
21payments will occur pursuant to a stop payment order requested
22by a State grant-making agency and implemented by the Office
23of the Comptroller.
24    (d) The State grant-making agency shall maintain a file
25pertaining to all stop payment orders which shall include, at
26a minimum:

 

 

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1        (1) The notice to the recipient or subrecipient that a
2    stop payment order has been issued. The notice shall
3    include:
4            (A) The name of the grant.
5            (B) The grant number.
6            (C) The name of the State agency that issued the
7        grant.
8            (D) The reasons for the stop payment order.
9            (E) Any other relevant information.
10        (2) The order lifting the stop payment order, if
11    applicable.
12    (e) The Grant Accountability and Transparency Unit shall
13determine and disseminate factors that State agencies shall
14consider when determining whether it is in the best interests
15of the State to permanently or temporarily cease payments to a
16recipient or subrecipient who has had a stop payment order
17requested by another State agency.
18    (f) The Office of the Comptroller and the Governor's
19Office of Management and Budget grant systems shall determine
20if the recipient or subrecipient has received grants from
21other State grant-making agencies.
22    (g) Upon notice from the Office of the Comptroller, the
23Grant Accountability and Transparency Unit shall notify all
24State grant-making agencies who have issued grants to a
25recipient or subrecipient whose payments have been subject to
26a stop payment order that a stop payment order has been

 

 

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1requested by another State grant-making agency.
2    (h) Upon notice from the Grant Accountability and
3Transparency Unit, each State grant-making agency who has
4issued a grant to a recipient or subrecipient whose payments
5have been subject to a stop payment order shall review and
6assess all grants issued to that recipient or subrecipient.
7State agencies shall use factors provided by the Governor's
8Office of Management and Budget or the Grant Accountability
9and Transparency Unit to determine whether it is in the best
10interests of the State to request a stop payment order.
11(Source: P.A. 100-997, eff. 8-20-18.)