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| 1 | | financial data to performance accomplishments of the award |
| 2 | | and, when applicable, must require recipients and |
| 3 | | subrecipients to provide cost information to demonstrate |
| 4 | | cost-effective practices. The recipient's and |
| 5 | | subrecipient's performance should be measured in a way |
| 6 | | that will help the State agency to improve program |
| 7 | | outcomes, share lessons learned, and spread the adoption |
| 8 | | of promising practices; and |
| 9 | | (2) provide recipients and subrecipients with clear |
| 10 | | performance goals, indicators, and milestones and must |
| 11 | | establish performance reporting frequency and content to |
| 12 | | not only allow the State agency to understand the |
| 13 | | recipient's progress, but also to facilitate |
| 14 | | identification of promising practices among recipients and |
| 15 | | subrecipients and build the evidence upon which the State |
| 16 | | agency's program and performance decisions are made. The |
| 17 | | frequency of reports on performance goals, indicators, and |
| 18 | | milestones required under this Section shall not be more |
| 19 | | frequent than quarterly. Nothing in this Section is |
| 20 | | intended to prohibit more frequent reporting to assess |
| 21 | | items such as service needs, gaps, or capacity, as |
| 22 | | indicated by a corrective action plan or by a risk |
| 23 | | assessment. |
| 24 | | (3) Each State grant-making agency shall, when it is |
| 25 | | in the best interests of the State, request that the |
| 26 | | Office of the Comptroller issue a stop payment order in |
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| 1 | | accordance with Section 105 of this Act. |
| 2 | | (4) Upon notification by the Grant Transparency and |
| 3 | | Accountability Unit that a stop payment order has been |
| 4 | | requested by a State grant-making agency, each State |
| 5 | | grant-making agency who has issued a grant to that |
| 6 | | recipient or subrecipient shall determine if it remains in |
| 7 | | the best interests of the State to continue to issue |
| 8 | | payments to the recipient or subrecipient. |
| 9 | | (d) The Governor's Office of Management and Budget shall |
| 10 | | provide such advice and technical assistance to the State |
| 11 | | grant-making agencies as is necessary or indicated in order to |
| 12 | | ensure compliance with this Act. The advice and technical |
| 13 | | assistance provided to State grant-making agencies by the |
| 14 | | Governor's Office of Management and Budget shall include |
| 15 | | training for State agency staff. That training shall include |
| 16 | | the following: |
| 17 | | (1) a review of services that are subject to the State |
| 18 | | Prompt Payment Act; |
| 19 | | (2) an explanation of how to determine if the awardee |
| 20 | | is eligible for advance payments, reimbursement, or |
| 21 | | working capital advances; and |
| 22 | | (3) information concerning the jurisdiction of the |
| 23 | | Court of Claims and the role and responsibilities of State |
| 24 | | grant-making agencies under the Court of Claims Act. |
| 25 | | (e) In accordance with this Act and the Illinois State |
| 26 | | Collection Act of 1986, refunds required under the Grant Funds |
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| 1 | | Recovery Act may be referred to the Comptroller's offset |
| 2 | | system. |
| 3 | | (Source: P.A. 103-1068, eff. 3-21-25.) |
| 4 | | (30 ILCS 708/135 new) |
| 5 | | Sec. 135. Grant agreement specifications. |
| 6 | | (a) A State grant-making agency that awards a grant must |
| 7 | | issue the grant agreement associated with the grant within 60 |
| 8 | | days after the grant's effective date. |
| 9 | | (b) The grant agreement required under this Section shall |
| 10 | | include: |
| 11 | | (1) a statement of the anticipated time during which |
| 12 | | the grantee will submit a bill or invoice to the State |
| 13 | | grant-making agency and the anticipated time during which |
| 14 | | the State grant-making agency will transmit vouchers to |
| 15 | | the Comptroller; |
| 16 | | (2) a statement regarding whether the award of |
| 17 | | assistance is subject to the State Prompt Payment Act; and |
| 18 | | (3) a statement indicating whether the payment |
| 19 | | methodology is advance pay, reimbursement, or working |
| 20 | | capital advance. |
| 21 | | (c) A State agency shall not restrict indirect costs to |
| 22 | | less than 20% of the grant agreement or the federally |
| 23 | | negotiated rate, whichever is higher, unless the recipient |
| 24 | | prefers a lower rate. |
| 25 | | (d) Pursuant to the definition of direct costs in Section |
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| 1 | | 15 of this Act, a State agency shall not restrict costs that |
| 2 | | are directly related to a specific award but that would |
| 3 | | otherwise be treated as indirect costs to less than 20% of |
| 4 | | direct costs in the grant agreement unless the recipient |
| 5 | | prefers a lower rate. |
| 6 | | (e) This Section does not apply to grants that are solely |
| 7 | | for the purpose of capital projects. |
| 8 | | (f) This Section does not apply if the grant conflicts |
| 9 | | with requirements due to federal law or federal grant |
| 10 | | obligations. |