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Full Text of SB2645
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SB2645 - 104th General Assembly
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House Amendment 001
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SB2645 Enrolled
LRB104 13047 BDA 24983 b
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
SB2645 Enrolled
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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
SB2645 Enrolled
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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
SB2645 Enrolled
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LRB104 13047 BDA 24983 b
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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LRB104 13047 BDA 24983 b
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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LRB104 13047 BDA 24983 b
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;
SB2645 Enrolled
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LRB104 13047 BDA 24983 b
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
SB2645 Enrolled
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LRB104 13047 BDA 24983 b
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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LRB104 13047 BDA 24983 b
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
SB2645 Enrolled
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LRB104 13047 BDA 24983 b
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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LRB104 13047 BDA 24983 b
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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LRB104 13047 BDA 24983 b
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
SB2645 Enrolled
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LRB104 13047 BDA 24983 b
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.)
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