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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Fire Marshal Act is amended by
5 changing Section 2.8 as follows:
6 (20 ILCS 2905/2.8)
7 Sec. 2.8. Fire Station Rehabilitation and Construction
8 Grant Program. The Office shall establish and administer a
9 Fire Station Rehabilitation and Construction Grant Program to
10 award grants to units of local government and not-for-profit
11 fire departments exempt from federal income taxes under
12 Section 501(c)(3) of the Internal Revenue Code for the
13 rehabilitation or construction of fire stations. The Office
14 shall adopt any rules necessary for the implementation and
15 administration of this Section.
16 (Source: P.A. 103-8, eff. 6-7-23.)
17 Section 10. The Governor's Office of Management and Budget
18 Act 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
21 Transparency Act, to maintain a list of those individuals and
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1 entities that are ineligible, either temporarily or
2 permanently, to receive an award of grant funds from the
3 State.
4 (Source: P.A. 98-706, eff. 7-16-14.)
5 Section 15. The Grant Accountability and Transparency Act
6 is 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
9 of federal assistance programs managed and administered by the
10 General Services Administration, formerly known as the Catalog
11 of Federal Domestic Assistance (CFDA).
12 "Assistance listing number" or "ALN" means a unique number
13 assigned to identify a federal assistance listing, formerly
14 known as the CFDA Number.
15 "Auditee" means any non-federal entity that expends State
16 or federal awards that must be audited.
17 "Auditor" means an auditor who is a public accountant or a
18 federal, State, or local government audit organization that
19 meets the general standards specified in generally-accepted
20 government auditing standards. "Auditor" does not include
21 internal auditors of nonprofit organizations.
22 "Auditor General" means the Auditor General of the State
23 of Illinois.
24 "Award" means financial assistance that provides support
25 or stimulation to accomplish a public purpose. "Awards"
26 include grants and other agreements in the form of money, or
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1 property in lieu of money, by the State or federal government
2 to an eligible recipient. "Award" does not include: technical
3 assistance that provides services instead of money; other
4 assistance in the form of loans, loan guarantees, interest
5 subsidies, or insurance; direct payments of any kind to
6 individuals; or contracts that must be entered into and
7 administered under State or federal procurement laws and
8 regulations.
9 "Budget" means the financial plan for the project or
10 program that the awarding agency or pass-through entity
11 approves during the award process or in subsequent amendments
12 to the award. It may include the State or federal and
13 non-federal share or only the State or federal share, as
14 determined by the awarding agency or pass-through entity.
15 "Catalog of State Financial Assistance" means the single,
16 authoritative, statewide, comprehensive source document of
17 State financial assistance program information maintained by
18 the Governor's Office of Management and Budget.
19 "Catalog of State Financial Assistance Number" means the
20 number assigned to a State program in the Catalog of State
21 Financial Assistance. The first 3 digits represent the State
22 agency number and the last 4 digits represent the program.
23 "Cluster of programs" means a grouping of closely related
24 programs that share common compliance requirements. The types
25 of clusters of programs are research and development, student
26 financial aid, and other clusters. A "cluster of programs"
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1 shall be considered as one program for determining major
2 programs and, with the exception of research and development,
3 whether a program-specific audit may be elected.
4 "Cognizant agency for audit" means the federal agency
5 designated to carry out the responsibilities described in 2
6 CFR Part 200, Subpart F - Audit Requirements.
7 "Contract" means a legal instrument by which a non-federal
8 entity purchases property or services needed to carry out the
9 project or program under an award. "Contract" does not include
10 a legal instrument, even if the non-federal entity considers
11 it a contract, when the substance of the transaction meets the
12 definition of an award or subaward.
13 "Contractor" means an entity that receives a contract.
14 "Cooperative agreement" means a legal instrument of
15 financial assistance between an awarding agency or
16 pass-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
3 research and development agreement, nor an agreement that
4 provides only direct cash assistance to an individual, a
5 subsidy, a loan, a loan guarantee, or insurance.
6 "Corrective action" means action taken by the auditee that
7 (i) corrects identified deficiencies, (ii) produces
8 recommended improvements, or (iii) demonstrates that audit
9 findings are either invalid or do not warrant auditee action.
10 "Cost objective" means a program, function, activity,
11 award, organizational subdivision, contract, or work unit for
12 which cost data is desired and for which provision is made to
13 accumulate and measure the cost of processes, products, jobs,
14 and capital projects. A "cost objective" may be a major
15 function of the non-federal entity, a particular service or
16 project, an award, or an indirect cost activity.
17 "Cost sharing" means the portion of project costs not paid
18 by State or federal funds, unless otherwise authorized by
19 statute.
20 "Development" is the systematic use of knowledge and
21 understanding gained from research directed toward the
22 production of useful materials, devices, systems, or methods,
23 including 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
26 must be treated consistently as either direct costs or
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1 indirect costs.
2 "Equipment" means tangible personal property (including
3 information technology systems) having a useful life of more
4 than one year and a per-unit acquisition cost that equals or
5 exceeds the lesser of the capitalization level established by
6 the non-federal entity for financial statement purposes, or
7 $5,000.
8 "Executive branch" means that branch of State government
9 that is under the jurisdiction of the Governor.
10 "Federal agency" has the meaning provided for "agency"
11 under 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
2 federal agency uses to buy goods or services from a contractor
3 or a contract to operate federal government owned,
4 contractor-operated facilities.
5 "Federal awarding agency" means the federal agency that
6 provides a federal award directly to a non-federal entity.
7 "Federal interest" means, for purposes of 2 CFR 200,
8 Subpart D, Post Federal Award Requirements (Performance and
9 Financial Monitoring and Reporting) or when used in connection
10 with the acquisition or improvement of real property,
11 equipment, or supplies under a federal award, the dollar
12 amount that is the product of the federal share of total
13 project costs and current fair market value of the property,
14 improvements, or both, to the extent the costs of acquiring or
15 improving 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
5 costs that are paid by federal funds.
6 "Final cost objective" means a cost objective which has
7 allocated to it both direct and indirect costs and, in the
8 non-federal entity's accumulation system, is one of the final
9 accumulation points, such as a particular award, internal
10 project, 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
4 under which the awarding agency or pass-through entity
5 provides a specific level of support without regard to actual
6 costs incurred under the award. "Fixed amount awards" reduce
7 some of the administrative burden and record-keeping
8 requirements for both the non-federal entity and awarding
9 agency or pass-through entity. Accountability is based
10 primarily 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
19 CFR Part 200, Subpart E - Cost Principles.
20 "Generally Accepted Accounting Principles" has the meaning
21 provided in accounting standards issued by the Government
22 Accounting Standards Board and the Financial Accounting
23 Standards Board.
24 "Generally Accepted Government Auditing Standards" means
25 generally accepted government auditing standards issued by the
26 Comptroller General of the United States that are applicable
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1 to financial audits.
2 "Grant agreement" means a legal instrument of financial
3 assistance between an awarding agency or pass-through entity
4 and 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
18 provides only direct cash assistance to an individual, a
19 subsidy, a loan, a loan guarantee, or insurance.
20 "Grant application" means a specified form that is
21 completed by a non-federal entity in connection with a request
22 for a specific funding opportunity or a request for financial
23 support of a project or activity.
24 "Hospital" means a facility licensed as a hospital under
25 the law of any state or a facility operated as a hospital by
26 the United States, a state, or a subdivision of a state.
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1 "Illinois Stop Payment List" or "Illinois Debarred and
2 Suspended List" means the list maintained by the Governor's
3 Office of Management and Budget that contains the names of
4 those individuals and entities that are ineligible, either
5 temporarily or permanently, from receiving an award of grant
6 funds from the State.
7 "Indirect cost" means those costs incurred for a common or
8 joint purpose benefiting more than one cost objective and not
9 readily assignable to the cost objectives specifically
10 benefited without effort disproportionate to the results
11 achieved.
12 "Inspector General" means the Office of the Executive
13 Inspector General for Executive branch agencies.
14 "Loan" means a State or federal loan or loan guarantee
15 received or administered by a non-federal entity. "Loan" does
16 not include a "program income" as defined in 2 CFR 200, Subpart
17 A, Acronyms and Definitions.
18 "Loan guarantee" means any State or federal government
19 guarantee, insurance, or other pledge with respect to the
20 payment of all or a part of the principal or interest on any
21 debt obligation of a non-federal borrower to a non-federal
22 lender, but does not include the insurance of deposits,
23 shares, or other withdrawable accounts in financial
24 institutions.
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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1 the Illinois Constitution and includes school districts.
2 "Major program" means a federal program determined by the
3 auditor to be a major program in accordance with 2 CFR Part
4 200, Subpart F - Audit Requirements or a program identified as
5 a major program by a federal awarding agency or pass-through
6 entity in accordance with 2 CFR Part 200, Subpart F - Audit
7 Requirements.
8 "Non-federal entity" means a state, local government,
9 Indian tribe, institution of higher education, or
10 organization, whether nonprofit or for-profit, that carries
11 out a State or federal award as a recipient or subrecipient.
12 "Nonprofit organization" means any corporation, trust,
13 association, cooperative, or other organization, not including
14 institutions 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
22 entity's utilization of funds under an award, means orders
23 placed for property and services, contracts and subawards
24 made, and similar transactions during a given period that
25 require payment by the non-federal entity during the same or a
26 future period.
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1 "Office of Management and Budget" means the Office of
2 Management and Budget of the Executive Office of the
3 President.
4 "Other clusters" has the meaning provided by the federal
5 Office of Management and Budget in the compliance supplement
6 or has the meaning as it is designated by a state for federal
7 awards the state provides to its subrecipients that meet the
8 definition of a cluster of programs. When designating an
9 "other cluster", a state must identify the federal awards
10 included in the cluster and advise the subrecipients of
11 compliance requirements applicable to the cluster.
12 "Oversight agency for audit" means the federal awarding
13 agency that provides the predominant amount of funding
14 directly to a non-federal entity not assigned a cognizant
15 agency for audit. When there is no direct funding, the
16 awarding agency that is the predominant source of pass-through
17 funding must assume the oversight responsibilities. The duties
18 of the oversight agency for audit and the process for any
19 reassignments are described in 2 CFR Part 200, Subpart F -
20 Audit Requirements.
21 "Pass-through entity" means a non-federal entity that
22 provides a subaward to a subrecipient to carry out part of a
23 program.
24 "Private award" means an award from a person or entity
25 other than a State or federal entity. Private awards are not
26 subject 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
3 an award and all required cost sharing and voluntary committed
4 cost sharing, including third-party contributions.
5 "Public institutions of higher education" has the meaning
6 provided in Section 1 of the Board of Higher Education Act.
7 "Recipient" means a non-federal entity that receives an
8 award directly from an awarding agency to carry out an
9 activity under a program. "Recipient" does not include
10 subrecipients or individuals who are beneficiaries of the
11 award.
12 "Research and Development" means all research activities,
13 both basic and applied, and all development activities that
14 are 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
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
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,
21 following procedures set out by the Office of the Comptroller,
22 causing the cessation of payments to a recipient or
23 subrecipient as a result of the recipient's or subrecipient's
24 failure to comply with one or more terms of the grant or
25 subaward.
26 "Stop payment procedure" means the procedure created by
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1 the Office of the Comptroller which effects a stop payment
2 order and the lifting of a stop payment order upon the request
3 of the State grant-making agency.
4 "Student Financial Aid" means federal awards under those
5 programs of general student assistance, such as those
6 authorized by Title IV of the Higher Education Act of 1965, as
7 amended (20 U.S.C. 1070-1099d), that are administered by the
8 United States Department of Education and similar programs
9 provided by other federal agencies. "Student Financial Aid"
10 does not include federal awards under programs that provide
11 fellowships or similar federal awards to students on a
12 competitive basis or for specified studies or research.
13 "Subaward" means a State or federal award provided by a
14 pass-through entity to a subrecipient for the subrecipient to
15 carry out part of a federal award received by the pass-through
16 entity. "Subaward" does not include payments to a contractor
17 or payments to an individual that is a beneficiary of a federal
18 program. A "subaward" may be provided through any form of
19 legal agreement, including an agreement that the pass-through
20 entity considers a contract.
21 "Subrecipient" means a non-federal entity that receives a
22 State or federal subaward from a pass-through entity to carry
23 out part of a State or federal program. "Subrecipient" does
24 not include an individual that is a beneficiary of such
25 program. A "subrecipient" may also be a recipient of other
26 State or federal awards directly from a State or federal
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1 awarding agency.
2 "Suspension" means a post-award action by the State or
3 federal agency or pass-through entity that temporarily
4 withdraws the State or federal agency's or pass-through
5 entity's financial assistance sponsorship under an award,
6 pending corrective action by the recipient or subrecipient or
7 pending a decision to terminate the award.
8 "Uniform Administrative Requirements, Costs Principles,
9 and Audit Requirements for Federal Awards" means those rules
10 applicable to grants contained in 2 CFR Part 200.
11 "Unique Entity Identifier" means the number that is
12 established and assigned by the federal government on the
13 System for Award Management website (SAM.gov) to uniquely
14 identify entities and, under federal law, is required for
15 nonfederal entities to apply for, receive, and report on a
16 federal award.
17 "Voluntary committed cost sharing" means cost sharing
18 specifically pledged on a voluntary basis in the proposal's
19 budget or the award on the part of the non-federal entity and
20 that becomes a binding requirement of the award.
21 (Source: P.A. 103-616, eff. 7-1-24; 103-1068, eff. 3-21-25;
22 104-417, eff. 8-15-25.)
23 (30 ILCS 708/60)
24 Sec. 60. Grant Accountability and Transparency Unit
25 responsibilities.
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1 (a) The Grant Accountability and Transparency Unit within
2 the Governor's Office of Management and Budget shall be
3 responsible 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
17 have no power or authority regarding the approval,
18 disapproval, management, or oversight of grants entered into
19 or awarded by a State agency or by a public institution of
20 higher education. The power or authority existing under law to
21 grant or award grants by a State agency or by a public
22 institution of higher education shall remain with that State
23 agency or public institution of higher education. The Unit
24 shall be responsible for providing technical assistance to
25 guide the Administrative Code amendments proposed by State
26 grant-making agencies to comply with this Act and shall be
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1 responsible for establishing standardized policies and
2 procedures for State grant-making agencies in order to ensure
3 compliance with the Uniform Administrative Requirements, Cost
4 Principles and Audit Requirements for Federal Awards set forth
5 in 2 CFR Part 200, all of which must be adhered to by the State
6 grant-making agencies throughout the life cycle of the grant.
7 (c) The powers and functions of grant making by State
8 agencies or public institutions of higher education may not be
9 transferred to, nor may prior grant approval be transferred
10 to, any other person, office, or entity within the executive
11 branch 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
16 Management and Budget shall adopt rules pertaining to the
17 following:
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
3 of Management and Budget shall, in conjunction with State
4 grant-making agencies, adopt rules pertaining to the
5 following:
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
18 Comptroller shall establish stop payment procedures that shall
19 cause the cessation of payments to a recipient or
20 subrecipient. Such a temporary or permanent cessation of
21 payments will occur pursuant to a stop payment order requested
22 by a State grant-making agency and implemented by the Office
23 of the Comptroller.
24 (d) The State grant-making agency shall maintain a file
25 pertaining to all stop payment orders which shall include, at
26 a 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
13 determine and disseminate factors that State agencies shall
14 consider when determining whether it is in the best interests
15 of the State to permanently or temporarily cease payments to a
16 recipient or subrecipient who has had a stop payment order
17 requested by another State agency.
18 (f) The Office of the Comptroller and the Governor's
19 Office of Management and Budget grant systems shall determine
20 if the recipient or subrecipient has received grants from
21 other State grant-making agencies.
22 (g) Upon notice from the Office of the Comptroller, the
23 Grant Accountability and Transparency Unit shall notify all
24 State grant-making agencies who have issued grants to a
25 recipient or subrecipient whose payments have been subject to
26 a stop payment order that a stop payment order has been
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1 requested by another State grant-making agency.
2 (h) Upon notice from the Grant Accountability and
3 Transparency Unit, each State grant-making agency who has
4 issued a grant to a recipient or subrecipient whose payments
5 have been subject to a stop payment order shall review and
6 assess all grants issued to that recipient or subrecipient.
7 State agencies shall use factors provided by the Governor's
8 Office of Management and Budget or the Grant Accountability
9 and Transparency Unit to determine whether it is in the best
10 interests of the State to request a stop payment order.
11 (Source: P.A. 100-997, eff. 8-20-18.)Every fact on this page links to its source, starting with the official bill record.