Bill Amendment: IL SB2540 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVT ETHICS-STOP PAYMENT ORDER
Status: 2018-08-20 - Public Act . . . . . . . . . 100-0997 [SB2540 Detail]
Download: Illinois-2017-SB2540-Senate_Amendment_001.html
Bill Title: GOVT ETHICS-STOP PAYMENT ORDER
Status: 2018-08-20 - Public Act . . . . . . . . . 100-0997 [SB2540 Detail]
Download: Illinois-2017-SB2540-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2540
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2 | AMENDMENT NO. ______. Amend Senate Bill 2540 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Officials and Employees Ethics Act is | ||||||
5 | amended by changing Section 5-20 as follows:
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6 | (5 ILCS 430/5-20)
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7 | Sec. 5-20. Public service announcements; other promotional | ||||||
8 | material.
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9 | (a) Beginning January 1, 2004, no public service | ||||||
10 | announcement or
advertisement that is on behalf of
any State | ||||||
11 | administered program and contains the
proper name, image, or | ||||||
12 | voice of any executive branch constitutional officer
or member | ||||||
13 | of the General Assembly shall be (i) broadcast or aired on | ||||||
14 | radio or
television, (ii)
printed in a commercial newspaper or | ||||||
15 | a commercial magazine, or (iii) displayed on a billboard or | ||||||
16 | electronic message board at any
time.
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1 | (b) The proper name or image of any executive branch | ||||||
2 | constitutional officer
or member of the General Assembly may | ||||||
3 | not appear on any (i)
bumper stickers,
(ii) commercial | ||||||
4 | billboards, (iii) lapel pins or buttons, (iv) magnets, (v)
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5 | stickers, and
(vi) other similar promotional items, that are | ||||||
6 | not in furtherance of the person's official State duties or | ||||||
7 | governmental and public service functions, if
designed,
paid | ||||||
8 | for, prepared, or distributed using public dollars. This | ||||||
9 | subsection does
not apply to stocks of items existing on the | ||||||
10 | effective date of this amendatory
Act of the 93rd General | ||||||
11 | Assembly.
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12 | (b-5) During the period beginning September 1 of the year | ||||||
13 | of a general election and ending the day after the general | ||||||
14 | election, the proper name or image of any executive branch | ||||||
15 | constitutional officer or member of the General Assembly shall | ||||||
16 | not be included in a public announcement on behalf of an | ||||||
17 | officer, member, or State agency related to any contract or | ||||||
18 | grant awarded by a State agency. Nothing in this subsection | ||||||
19 | (b-5) prohibits a State agency from issuing notification of the | ||||||
20 | award or grant of a contract, provided the notification does | ||||||
21 | not include the proper name or image of any executive branch | ||||||
22 | constitutional officer or member of the General Assembly. This | ||||||
23 | subsection (b-5) does not prohibit an executive branch | ||||||
24 | constitutional officer or member of the General Assembly from | ||||||
25 | attending any public or private event associated with the award | ||||||
26 | or grant of contract or from being included on a list of |
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1 | attendees disseminated to the public. | ||||||
2 | (c) This Section does not apply to
communications
funded | ||||||
3 | through expenditures required to be reported under Article 9 of | ||||||
4 | the
Election Code.
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5 | (Source: P.A. 97-13, eff. 6-16-11.)
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6 | Section 10. The Governor's Office of Management and Budget | ||||||
7 | Act is amended by adding Sections 2.11 and 2.12 as follows:
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8 | (20 ILCS 3005/2.11 new) | ||||||
9 | Sec. 2.11. Stop payment orders. Upon a request for a stop | ||||||
10 | payment order from a State grant-making agency for a recipient | ||||||
11 | or subrecipient, the Office of the Comptroller shall notify the | ||||||
12 | Grant Accountability and Transparency Unit within 30 days of | ||||||
13 | the request.
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14 | (20 ILCS 3005/2.12 new) | ||||||
15 | Sec. 2.12. Improper payment elimination recommendations. | ||||||
16 | Pursuant to Section 15.5 of the Grant Funds Recovery Act, the | ||||||
17 | Governor's Office of Management and Budget, in conjunction with | ||||||
18 | the Illinois Single Audit Commission, shall research and | ||||||
19 | provide recommendations to the General Assembly regarding the | ||||||
20 | adoption of legislation, in accordance with the federal | ||||||
21 | Improper Payments Elimination and Recovery Improvement Act of | ||||||
22 | 2012. The recommendations shall be included in the Annual | ||||||
23 | Report of the Commission to be submitted to the General |
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1 | Assembly on January 1, 2020. This Section is repealed January | ||||||
2 | 1, 2021.
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3 | Section 15. The State Finance Act is amended by changing | ||||||
4 | Section 35 as follows:
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5 | (30 ILCS 105/35) (from Ch. 127, par. 167.03)
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6 | Sec. 35.
As used in this Section, "state agency" is defined | ||||||
7 | as provided
in the Illinois State Auditing Act, except that | ||||||
8 | this Section does not
apply to state colleges and universities, | ||||||
9 | the Illinois Mathematics and
Science Academy, and their | ||||||
10 | respective governing boards.
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11 | When any State agency receives a grant or contract from | ||||||
12 | itself or another State agency
from appropriated funds the | ||||||
13 | recipient agency shall be restricted in the
expenditure of | ||||||
14 | these funds to the period during which the grantor agency
was | ||||||
15 | so restricted and to the terms and conditions under which such | ||||||
16 | other
agency received the appropriation . , The restrictions | ||||||
17 | shall include: any applicable restrictions in Section 25 of | ||||||
18 | this Act, applicable federal regulations, and to the terms, | ||||||
19 | conditions and limitations
of the appropriations to the other | ||||||
20 | agency , even if the funds are deposited or interfund | ||||||
21 | transferred for use in a non-appropriated fund . No State agency | ||||||
22 | may accept or
expend funds under a grant or contract for any | ||||||
23 | purpose, program or activity
not within the scope of the | ||||||
24 | agency's powers and duties under Illinois law.
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1 | (Source: P.A. 88-9.)
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2 | Section 20. The Illinois Grant Funds Recovery Act is | ||||||
3 | amended by adding Section 15.5 as follows:
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4 | (30 ILCS 705/15.5 new) | ||||||
5 | Sec. 15.5. Recommendations of the Illinois Single Audit | ||||||
6 | Commission regarding the elimination and recovery of improper | ||||||
7 | payments. The Illinois Single Audit Commission, in conjunction | ||||||
8 | with the Governor's Office of Management and Budget, shall | ||||||
9 | research and provide recommendations to the General Assembly | ||||||
10 | regarding the adoption of legislation in accordance with the | ||||||
11 | federal Improper Payments Elimination and Recovery Improvement | ||||||
12 | Act of 2012. The recommendations shall be included in the | ||||||
13 | Annual Report of the Commission to be submitted to the General | ||||||
14 | Assembly on January 1, 2020. This Section is repealed January | ||||||
15 | 1, 2021.
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16 | Section 25. The Grant Accountability and Transparency Act | ||||||
17 | is amended by changing Sections 15, 25, 50, 55, and 95 and by | ||||||
18 | adding Sections 105, 110, 115, 120, 125, 130, and 520 as | ||||||
19 | follows:
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20 | (30 ILCS 708/15) | ||||||
21 | (Section scheduled to be repealed on July 16, 2020)
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22 | Sec. 15. Definitions. As used in this Act:
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1 | "Allowable cost" means a cost allowable to a project if:
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2 | (1) the costs are reasonable and necessary for the | ||||||
3 | performance of the award;
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4 | (2) the costs are allocable to the specific project;
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5 | (3) the costs are treated consistently in like | ||||||
6 | circumstances to both federally-financed and other | ||||||
7 | activities of the non-federal entity; | ||||||
8 | (4) the costs conform to any limitations of the cost | ||||||
9 | principles or the sponsored agreement; | ||||||
10 | (5) the costs are accorded consistent treatment; a cost | ||||||
11 | may not be assigned to a State or federal award as a direct | ||||||
12 | cost if any other cost incurred for the same purpose in | ||||||
13 | like circumstances has been allocated to the award as an | ||||||
14 | indirect cost;
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15 | (6) the costs are determined to be in accordance with | ||||||
16 | generally accepted accounting principles;
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17 | (7) the costs are not included as a cost or used to | ||||||
18 | meet federal cost-sharing or matching requirements of any | ||||||
19 | other program in either the current or prior period; | ||||||
20 | (8) the costs of one State or federal grant are not | ||||||
21 | used to meet the match requirements of another State or | ||||||
22 | federal grant; and | ||||||
23 | (9) the costs are adequately documented. | ||||||
24 | "Auditee" means any non-federal entity that expends State | ||||||
25 | or federal awards that must be audited.
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26 | "Auditor" means an auditor who is a public accountant or a |
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1 | federal, State, or local government audit organization that | ||||||
2 | meets the general standards specified in generally-accepted | ||||||
3 | government auditing standards. "Auditor" does not include | ||||||
4 | internal auditors of nonprofit organizations.
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5 | "Auditor General" means the Auditor General of the State of | ||||||
6 | Illinois. | ||||||
7 | "Award" means financial assistance that provides support | ||||||
8 | or stimulation to accomplish a public purpose. "Awards" include | ||||||
9 | grants and other agreements in the form of money, or property | ||||||
10 | in lieu of money, by the State or federal government to an | ||||||
11 | eligible recipient. "Award" does not include: technical | ||||||
12 | assistance that provides services instead of money; other | ||||||
13 | assistance in the form of loans, loan guarantees, interest | ||||||
14 | subsidies, or insurance; direct payments of any kind to | ||||||
15 | individuals; or contracts that must be entered into and | ||||||
16 | administered under State or federal procurement laws and | ||||||
17 | regulations. | ||||||
18 | "Budget" means the financial plan for the project or | ||||||
19 | program that the awarding agency or pass-through entity | ||||||
20 | approves during the award process or in subsequent amendments | ||||||
21 | to the award. It may include the State or federal and | ||||||
22 | non-federal share or only the State or federal share, as | ||||||
23 | determined by the awarding agency or pass-through entity. | ||||||
24 | "Catalog of Federal Domestic Assistance" or "CFDA" means a | ||||||
25 | database that helps the federal government track all programs | ||||||
26 | it has domestically funded. |
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1 | "Catalog of Federal Domestic Assistance number" or "CFDA | ||||||
2 | number" means the number assigned to a federal program in the | ||||||
3 | CFDA.
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4 | "Catalog of State Financial Assistance" means the single, | ||||||
5 | authoritative, statewide, comprehensive source document of | ||||||
6 | State financial assistance program information maintained by | ||||||
7 | the Governor's Office of Management and Budget.
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8 | "Catalog of State Financial Assistance Number" means the | ||||||
9 | number assigned to a State program in the Catalog of State | ||||||
10 | Financial Assistance. The first 3 digits represent the State | ||||||
11 | agency number and the last 4 digits represent the program.
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12 | "Cluster of programs" means a grouping of closely related | ||||||
13 | programs that share common compliance requirements. The types | ||||||
14 | of clusters of programs are research and development, student | ||||||
15 | financial aid, and other clusters. A "cluster of programs" | ||||||
16 | shall be considered as one program for determining major | ||||||
17 | programs and, with the exception of research and development, | ||||||
18 | whether a program-specific audit may be elected. | ||||||
19 | "Cognizant agency for audit" means the federal agency | ||||||
20 | designated to carry out the responsibilities described in 2 CFR | ||||||
21 | 200.513(a). | ||||||
22 | "Contract" means a legal instrument by which a non-federal | ||||||
23 | entity purchases property or services needed to carry out the | ||||||
24 | project or program under an award. "Contract" does not include | ||||||
25 | a legal instrument, even if the non-federal entity considers it | ||||||
26 | a contract, when the substance of the transaction meets the |
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1 | definition of an award or subaward.
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2 | "Contractor" means an entity that receives a contract.
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3 | "Cooperative agreement" means a legal instrument of | ||||||
4 | financial assistance between an awarding agency or | ||||||
5 | pass-through entity and a non-federal entity that: | ||||||
6 | (1) is used to enter into a relationship with the | ||||||
7 | principal purpose of transferring anything of value from | ||||||
8 | the awarding agency or pass-through entity to the | ||||||
9 | non-federal entity to carry out a public purpose authorized | ||||||
10 | by law, but is not used to acquire property or services for | ||||||
11 | the awarding agency's or pass-through entity's direct | ||||||
12 | benefit or use; and
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13 | (2) is distinguished from a grant in that it provides | ||||||
14 | for substantial involvement between the awarding agency or | ||||||
15 | pass-through entity and the non-federal entity in carrying | ||||||
16 | out the activity contemplated by the award. | ||||||
17 | "Cooperative agreement" does not include a
cooperative | ||||||
18 | research and development agreement, nor
an agreement that | ||||||
19 | provides only direct cash assistance to an individual, a | ||||||
20 | subsidy, a loan,
a loan guarantee, or insurance. | ||||||
21 | "Corrective action" means action taken by the auditee that | ||||||
22 | (i) corrects identified deficiencies,
(ii) produces | ||||||
23 | recommended improvements, or (iii) demonstrates that audit | ||||||
24 | findings are either invalid or do not warrant auditee action. | ||||||
25 | "Cost objective" means a program, function, activity, | ||||||
26 | award, organizational subdivision, contract, or work unit for |
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1 | which cost data is desired and for which provision is made to | ||||||
2 | accumulate and measure the cost of processes, products, jobs, | ||||||
3 | and capital projects. A "cost objective" may be a major | ||||||
4 | function of the non-federal entity, a particular service or | ||||||
5 | project, an award, or an indirect cost activity. | ||||||
6 | "Cost sharing" means the portion of project costs not paid | ||||||
7 | by State or federal funds, unless otherwise authorized by | ||||||
8 | statute.
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9 | "Development" is the systematic use of knowledge and | ||||||
10 | understanding gained from research directed toward the | ||||||
11 | production of useful materials, devices, systems, or methods, | ||||||
12 | including design and development of prototypes and processes. | ||||||
13 | "Data Universal Numbering System number" means the 9-digit | ||||||
14 | number established and assigned by Dun and Bradstreet, Inc. to | ||||||
15 | uniquely identify entities and, under federal law, is required | ||||||
16 | for non-federal entities to apply for, receive, and report on a | ||||||
17 | federal award. | ||||||
18 | "Direct costs" means costs that can be identified | ||||||
19 | specifically with a particular final cost objective, such as a | ||||||
20 | State or federal or federal pass-through award or a particular | ||||||
21 | sponsored project, an instructional activity, or any other | ||||||
22 | institutional activity, or that can be directly assigned to | ||||||
23 | such activities relatively easily with a high degree of | ||||||
24 | accuracy.
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25 | "Equipment" means tangible personal property (including | ||||||
26 | information technology systems) having a useful life of more |
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1 | than one year and a per-unit acquisition cost that equals or | ||||||
2 | exceeds the lesser of the capitalization level established by | ||||||
3 | the non-federal entity for financial statement purposes, or | ||||||
4 | $5,000. | ||||||
5 | "Executive branch" means that branch of State government | ||||||
6 | that is under the jurisdiction of the Governor. | ||||||
7 | "Federal agency" has the meaning provided for "agency" | ||||||
8 | under 5 U.S.C. 551(1) together with the meaning provided for | ||||||
9 | "agency" by 5 U.S.C. 552(f). | ||||||
10 | "Federal award" means: | ||||||
11 | (1) the federal financial assistance that a | ||||||
12 | non-federal entity receives directly from a federal | ||||||
13 | awarding agency or indirectly from a pass-through entity;
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14 | (2) the cost-reimbursement contract under the Federal | ||||||
15 | Acquisition Regulations that a non-federal entity receives | ||||||
16 | directly from a federal awarding agency or indirectly from | ||||||
17 | a pass-through entity; or | ||||||
18 | (3) the instrument setting forth the terms and | ||||||
19 | conditions when the instrument is the grant agreement, | ||||||
20 | cooperative agreement, other agreement for assistance | ||||||
21 | covered in paragraph (b) of 20 CFR 200.40, or the | ||||||
22 | cost-reimbursement contract awarded under the Federal | ||||||
23 | Acquisition Regulations.
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24 | "Federal award" does not include other contracts that a | ||||||
25 | federal agency uses to buy goods or services from a contractor | ||||||
26 | or a contract to operate federal government owned, |
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1 | contractor-operated facilities.
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2 | "Federal awarding agency" means the federal agency that | ||||||
3 | provides a federal award directly to a non-federal entity.
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4 | "Federal interest" means, for purposes of 2 CFR 200.329 or | ||||||
5 | when used in connection with the acquisition or improvement of | ||||||
6 | real property, equipment, or supplies under a federal award, | ||||||
7 | the dollar amount that is the product of the
federal share of | ||||||
8 | total project costs and
current fair market value of the | ||||||
9 | property, improvements, or both, to the extent the costs of | ||||||
10 | acquiring or improving the property were included as project | ||||||
11 | costs. | ||||||
12 | "Federal program" means any of the following:
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13 | (1) All federal awards which are assigned a single | ||||||
14 | number in the CFDA.
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15 | (2) When no CFDA number is assigned, all federal awards | ||||||
16 | to non-federal entities from the same agency made for the | ||||||
17 | same purpose should be combined and considered one program. | ||||||
18 | (3) Notwithstanding paragraphs (1) and (2) of this | ||||||
19 | definition, a cluster of programs. The types of clusters of | ||||||
20 | programs are: | ||||||
21 | (A) research and development; | ||||||
22 | (B) student financial aid; and | ||||||
23 | (C) "other clusters", as described in the | ||||||
24 | definition of "cluster of programs". | ||||||
25 | "Federal share" means the portion of the total project | ||||||
26 | costs that are paid by federal funds. |
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1 | "Final cost objective" means a cost objective which has | ||||||
2 | allocated to it both direct and indirect costs and, in the | ||||||
3 | non-federal entity's accumulation system, is one of the final | ||||||
4 | accumulation points, such as a particular award, internal | ||||||
5 | project, or other direct activity of a non-federal entity. | ||||||
6 | "Financial assistance" means the following: | ||||||
7 | (1) For grants and cooperative agreements, "financial | ||||||
8 | assistance" means assistance that non-federal entities | ||||||
9 | receive or administer in the form of: | ||||||
10 | (A) grants;
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11 | (B) cooperative agreements;
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12 | (C) non-cash contributions or donations of | ||||||
13 | property, including donated surplus property;
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14 | (D) direct appropriations;
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15 | (E) food commodities; and
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16 | (F) other financial assistance, except assistance | ||||||
17 | listed in paragraph (2) of this definition.
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18 | (2) "Financial assistance" includes assistance that | ||||||
19 | non-federal entities receive or administer in the form of | ||||||
20 | loans, loan guarantees, interest subsidies, and insurance.
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21 | (3) "Financial assistance" does not include amounts | ||||||
22 | received as reimbursement for services rendered to | ||||||
23 | individuals.
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24 | "Fixed amount awards" means a type of grant agreement under | ||||||
25 | which the awarding agency or pass-through entity provides a | ||||||
26 | specific level of support without regard to actual costs |
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1 | incurred under the award. "Fixed amount awards" reduce some of | ||||||
2 | the administrative burden and record-keeping requirements for | ||||||
3 | both the non-federal entity and awarding agency or pass-through | ||||||
4 | entity. Accountability is based primarily on performance and | ||||||
5 | results.
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6 | "Foreign public entity" means:
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7 | (1) a foreign government or foreign governmental | ||||||
8 | entity; | ||||||
9 | (2) a public international organization that is | ||||||
10 | entitled to enjoy privileges, exemptions, and immunities | ||||||
11 | as an international organization under the International | ||||||
12 | Organizations Immunities Act (22 U.S.C. 288-288f);
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13 | (3) an entity owned, in whole or in part, or controlled | ||||||
14 | by a foreign government; or
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15 | (4) any other entity consisting wholly or partially of | ||||||
16 | one or more foreign governments or foreign governmental | ||||||
17 | entities. | ||||||
18 | "Foreign organization" means an entity that is:
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19 | (1) a public or private organization located in a | ||||||
20 | country other than the United States and its territories | ||||||
21 | that are subject to the laws of the country in which it is | ||||||
22 | located, irrespective of the citizenship of project staff | ||||||
23 | or place of performance;
| ||||||
24 | (2) a private nongovernmental organization located in | ||||||
25 | a country other than the United States that solicits and | ||||||
26 | receives cash contributions from the general public;
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1 | (3) a charitable organization located in a country | ||||||
2 | other than the United States that is nonprofit and tax | ||||||
3 | exempt under the laws of its country of domicile and | ||||||
4 | operation, but is not a university, college, accredited | ||||||
5 | degree-granting institution of education, private | ||||||
6 | foundation, hospital, organization engaged exclusively in | ||||||
7 | research or scientific activities, church, synagogue, | ||||||
8 | mosque, or other similar entity organized primarily for | ||||||
9 | religious purposes; or
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10 | (4) an organization located in a country other than the | ||||||
11 | United States not recognized as a Foreign Public Entity.
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12 | "Generally Accepted Accounting Principles" has the meaning | ||||||
13 | provided in accounting standards issued by the Government | ||||||
14 | Accounting Standards Board and the Financial Accounting | ||||||
15 | Standards Board.
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16 | "Generally Accepted Government Auditing Standards" means | ||||||
17 | generally accepted government auditing standards issued by the | ||||||
18 | Comptroller General of the United States that are applicable to | ||||||
19 | financial audits.
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20 | "Grant agreement" means a legal instrument of financial | ||||||
21 | assistance between an awarding agency or pass-through entity | ||||||
22 | and a non-federal entity that: | ||||||
23 | (1) is used to enter into a relationship, the principal | ||||||
24 | purpose of which is to transfer anything of value from the | ||||||
25 | awarding agency or pass-through entity to the non-federal | ||||||
26 | entity to carry out a public purpose authorized by law and |
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1 | not to acquire property or services for the awarding agency | ||||||
2 | or pass-through entity's direct benefit or use;
and | ||||||
3 | (2) is distinguished from a cooperative agreement in | ||||||
4 | that it does not provide for substantial involvement | ||||||
5 | between the awarding agency or pass-through entity and the | ||||||
6 | non-federal entity in carrying out the activity | ||||||
7 | contemplated by the award. | ||||||
8 | "Grant agreement" does not include an agreement that | ||||||
9 | provides only
direct cash assistance to an individual, a | ||||||
10 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
11 | "Grant application" means a specified form that is | ||||||
12 | completed by a non-federal entity in connection with a request | ||||||
13 | for a specific funding opportunity or a request for financial | ||||||
14 | support of a project or activity.
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15 | "Hospital" means a facility licensed as a hospital under | ||||||
16 | the law of any state or a facility operated as a hospital by | ||||||
17 | the United States, a state, or a subdivision of a state.
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18 | "Illinois Debarred and Suspended List" means the list | ||||||
19 | maintained by the Governor's Office of Management and Budget | ||||||
20 | that contains the names of those individuals and entities that | ||||||
21 | are ineligible, either temporarily or permanently, from | ||||||
22 | receiving an award of grant funds from the State.
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23 | "Indian tribe" (or "federally recognized Indian tribe") | ||||||
24 | means any Indian tribe, band, nation, or other organized group | ||||||
25 | or community, including any Alaska Native village or regional | ||||||
26 | or village corporation as defined in or established pursuant to |
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1 | the federal Alaska Native Claims Settlement Act (43 U.S.C. | ||||||
2 | 1601, et seq.) that is recognized as eligible for the special | ||||||
3 | programs and services provided by the United States to Indians | ||||||
4 | because of their status as Indians under 25 U.S.C. 450b(e), as | ||||||
5 | set forth in the annually published Bureau of Indian Affairs | ||||||
6 | list of Indian Entities Recognized and Eligible to Receive | ||||||
7 | Services.
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8 | "Indirect cost" means those costs incurred for a common or | ||||||
9 | joint purpose benefitting more than one cost objective and not | ||||||
10 | readily assignable to the cost objectives specifically | ||||||
11 | benefitted without effort disproportionate to the results | ||||||
12 | achieved. | ||||||
13 | "Inspector General" means the Office of the Executive | ||||||
14 | Inspector General for Executive branch agencies. | ||||||
15 | "Loan" means a State or federal loan or loan guarantee | ||||||
16 | received or administered by a non-federal entity. "Loan" does | ||||||
17 | not include a "program income" as defined in 2 CFR 200.80.
| ||||||
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, shares, | ||||||
23 | or other withdrawable accounts in financial institutions. | ||||||
24 | "Local government" has the meaning provided for the term | ||||||
25 | "units of local government" under Section 1 of Article VII of | ||||||
26 | the Illinois Constitution and includes school districts. |
| |||||||
| |||||||
1 | "Major program" means a federal program determined by the | ||||||
2 | auditor to be a major program in accordance with 2 CFR 200.518 | ||||||
3 | or a program identified as a major program by a federal | ||||||
4 | awarding agency or pass-through entity in accordance with 2 CFR | ||||||
5 | 200.503(e).
| ||||||
6 | "Non-federal entity" means a state, local government, | ||||||
7 | Indian tribe, institution of higher education, or | ||||||
8 | organization, whether nonprofit or for-profit, that carries | ||||||
9 | out a State or federal award as a recipient or subrecipient. | ||||||
10 | "Nonprofit organization" means any corporation, trust, | ||||||
11 | association, cooperative, or other organization, not including | ||||||
12 | institutions of higher education, that:
| ||||||
13 | (1) is operated primarily for scientific, educational, | ||||||
14 | service, charitable, or similar purposes in the public | ||||||
15 | interest;
| ||||||
16 | (2) is not organized primarily for profit; and
| ||||||
17 | (3) uses net proceeds to maintain, improve, or expand | ||||||
18 | the operations of the organization.
| ||||||
19 | "Obligations", when used in connection with a non-federal | ||||||
20 | entity's utilization of funds under an award, means orders | ||||||
21 | placed for property and services, contracts and subawards made, | ||||||
22 | and similar transactions during a given period that require | ||||||
23 | payment by the non-federal entity during the same or a future | ||||||
24 | period.
| ||||||
25 | "Office of Management and Budget" means the Office of | ||||||
26 | Management and Budget of the Executive Office of the President. |
| |||||||
| |||||||
1 | "Other clusters" has the meaning provided by the federal | ||||||
2 | Office of Management and Budget in the compliance supplement or | ||||||
3 | has the meaning as it is designated by a state for federal | ||||||
4 | awards the state provides to its subrecipients that meet the | ||||||
5 | definition of a cluster of programs. When designating an "other | ||||||
6 | cluster", a state must identify the federal awards included in | ||||||
7 | the cluster and advise the subrecipients of compliance | ||||||
8 | requirements applicable to the cluster. | ||||||
9 | "Oversight agency for audit" means the federal awarding | ||||||
10 | agency that provides the predominant amount of funding directly | ||||||
11 | to a non-federal entity not assigned a cognizant agency for | ||||||
12 | audit. When there is no direct funding, the awarding agency | ||||||
13 | that is the predominant source of pass-through funding must | ||||||
14 | assume the oversight responsibilities. The duties of the | ||||||
15 | oversight agency for audit and the process for any | ||||||
16 | reassignments are described in 2 CFR 200.513(b). | ||||||
17 | "Pass-through entity" means a non-federal entity that | ||||||
18 | provides a subaward to a subrecipient to carry out part of a | ||||||
19 | program.
| ||||||
20 | "Private award" means an award from a person or entity | ||||||
21 | other than a State or federal entity. Private awards are not | ||||||
22 | subject to the provisions of this Act.
| ||||||
23 | "Property" means real property or personal property.
| ||||||
24 | "Project cost" means total allowable costs incurred under | ||||||
25 | an award and all required cost sharing and voluntary committed | ||||||
26 | cost sharing, including third-party contributions.
|
| |||||||
| |||||||
1 | "Public institutions of higher education" has the meaning | ||||||
2 | provided in Section 1 of the Board of Higher Education Act.
| ||||||
3 | "Recipient" means a non-federal entity that receives an | ||||||
4 | award directly from an awarding agency to carry out an activity | ||||||
5 | under a program. "Recipient" does not include subrecipients. | ||||||
6 | "Research and Development" means all research activities, | ||||||
7 | both basic and applied, and all development activities that are | ||||||
8 | performed by non-federal entities. | ||||||
9 | "Single Audit Act" means the federal Single Audit Act | ||||||
10 | Amendments of 1996 (31 U.S.C. 7501-7507). | ||||||
11 | "State agency" means an Executive branch agency. For | ||||||
12 | purposes of this Act, "State agency" does not include public | ||||||
13 | institutions of higher education. | ||||||
14 | "State award" means the financial assistance that a | ||||||
15 | non-federal entity receives from the State and that is funded | ||||||
16 | with either State funds or federal funds; in the latter case, | ||||||
17 | the State is acting as a pass-through entity. | ||||||
18 | "State awarding agency" means a State agency that provides | ||||||
19 | an award to a non-federal entity. | ||||||
20 | "State grant-making agency" has the same meaning as "State | ||||||
21 | awarding agency". | ||||||
22 | "State interest" means the acquisition or improvement of | ||||||
23 | real property, equipment, or supplies under a State award, the | ||||||
24 | dollar amount that is the product of the State share of the | ||||||
25 | total project costs and current fair market value of the | ||||||
26 | property, improvements, or both, to the extent the costs of |
| |||||||
| |||||||
1 | acquiring or improving the property were included as project | ||||||
2 | costs. | ||||||
3 | "State program" means any of the following: | ||||||
4 | (1) All State awards which are assigned a single number | ||||||
5 | in the Catalog of State Financial Assistance. | ||||||
6 | (2) When no Catalog of State Financial Assistance | ||||||
7 | number is assigned, all State awards to non-federal | ||||||
8 | entities from the same agency made for the same purpose are | ||||||
9 | considered one program. | ||||||
10 | (3) A cluster of programs as defined in this Section. | ||||||
11 | "State share" means the portion of the total project costs | ||||||
12 | that are paid by State funds. | ||||||
13 | "Stop payment order" means a communication from a State | ||||||
14 | grant-making agency to the Office of the Comptroller, following | ||||||
15 | procedures set out by the Office of the Comptroller, causing | ||||||
16 | the cessation of payments to a recipient or subrecipient as a | ||||||
17 | result of the recipient's or subrecipient's failure to comply | ||||||
18 | with one or more terms of the grant or subaward. | ||||||
19 | "Stop payment procedure" means the procedure created by the | ||||||
20 | Office of the Comptroller which effects a stop payment order | ||||||
21 | and the lifting of a stop payment order upon the request of the | ||||||
22 | State grant-making agency. | ||||||
23 | "Student Financial Aid" means federal awards under those | ||||||
24 | programs of general student assistance, such as those | ||||||
25 | authorized by Title IV of the Higher Education Act of 1965, as | ||||||
26 | amended (20 U.S.C. 1070-1099d), that are administered by the |
| |||||||
| |||||||
1 | United States Department of Education and similar programs | ||||||
2 | provided by other federal agencies. "Student Financial Aid" | ||||||
3 | does not include federal awards under programs that provide | ||||||
4 | fellowships or similar federal awards to students on a | ||||||
5 | competitive basis or for specified studies or research. | ||||||
6 | "Subaward" means a State or federal award provided by a | ||||||
7 | pass-through entity to a subrecipient for the subrecipient to | ||||||
8 | carry out part of a federal award received by the pass-through | ||||||
9 | entity. "Subaward" does not include payments to a contractor or | ||||||
10 | payments to an individual that is a beneficiary of a federal | ||||||
11 | program. A "subaward" may be provided through any form of legal | ||||||
12 | agreement, including an agreement that the pass-through entity | ||||||
13 | considers a contract.
| ||||||
14 | "Subrecipient" means a non-federal entity that receives a | ||||||
15 | State or federal subaward from a pass-through entity to carry | ||||||
16 | out part of a federal program. "Subrecipient" does not include | ||||||
17 | an individual that is a beneficiary of such program. A | ||||||
18 | "subrecipient" may also be a recipient of other State or | ||||||
19 | federal awards directly from a State or federal awarding | ||||||
20 | agency.
| ||||||
21 | "Suspension" means a post-award action by the State or | ||||||
22 | federal agency or pass-through entity that temporarily | ||||||
23 | withdraws the State or federal agency's or pass-through | ||||||
24 | entity's financial assistance sponsorship under an award, | ||||||
25 | pending corrective action by the recipient or subrecipient or | ||||||
26 | pending a decision to terminate the award.
|
| |||||||
| |||||||
1 | "Uniform Administrative Requirements, Costs Principles, | ||||||
2 | and Audit Requirements for Federal Awards" means those rules | ||||||
3 | applicable to grants contained in 2 CFR 200. | ||||||
4 | "Voluntary committed cost sharing" means cost sharing | ||||||
5 | specifically pledged on a voluntary basis in the proposal's | ||||||
6 | budget or the award on the part of the non-federal entity and | ||||||
7 | that becomes a binding requirement of the award.
| ||||||
8 | (Source: P.A. 98-706, eff. 7-16-14 .)
| ||||||
9 | (30 ILCS 708/25) | ||||||
10 | (Section scheduled to be repealed on July 16, 2020)
| ||||||
11 | Sec. 25. Supplemental rules. On or before July 1, 2017, the | ||||||
12 | Governor's Office of Management and Budget, with the advice and | ||||||
13 | technical assistance of the Illinois Single Audit Commission, | ||||||
14 | shall adopt supplemental rules pertaining to the following: | ||||||
15 | (1) Criteria to define mandatory formula-based grants | ||||||
16 | and discretionary grants.
| ||||||
17 | (2) The award of one-year grants for new applicants.
| ||||||
18 | (3) The award of competitive grants in 3-year terms | ||||||
19 | (one-year initial terms with the option to renew for up to | ||||||
20 | 2 additional years) to coincide with the federal award.
| ||||||
21 | (4) The issuance of grants, including:
| ||||||
22 | (A) public notice of announcements of funding | ||||||
23 | opportunities; | ||||||
24 | (B) the development of uniform grant applications;
| ||||||
25 | (C) State agency review of merit of proposals and |
| |||||||
| |||||||
1 | risk posed by applicants;
| ||||||
2 | (D) specific conditions for individual recipients | ||||||
3 | (requiring the use of a fiscal agent and additional | ||||||
4 | corrective conditions);
| ||||||
5 | (E) certifications and representations;
| ||||||
6 | (F) pre-award costs;
| ||||||
7 | (G) performance measures and statewide prioritized | ||||||
8 | goals under Section 50-25 of the State Budget Law of | ||||||
9 | the Civil Administrative Code of Illinois, commonly | ||||||
10 | referred to as "Budgeting for Results"; and
| ||||||
11 | (H) for mandatory formula grants, the merit of the | ||||||
12 | proposal and the risk posed should result in additional | ||||||
13 | reporting, monitoring, or measures such as | ||||||
14 | reimbursement-basis only.
| ||||||
15 | (5) The development of uniform budget requirements, | ||||||
16 | which shall include:
| ||||||
17 | (A) mandatory submission of budgets as part of the | ||||||
18 | grant application process;
| ||||||
19 | (B) mandatory requirements regarding contents of | ||||||
20 | the budget including, at a minimum, common detail line | ||||||
21 | items specified under guidelines issued by the | ||||||
22 | Governor's Office of Management and Budget; | ||||||
23 | (C) a requirement that the budget allow | ||||||
24 | flexibility to add lines describing costs that are | ||||||
25 | common for the services provided as outlined in the | ||||||
26 | grant application; |
| |||||||
| |||||||
1 | (D) a requirement that the budget include | ||||||
2 | information necessary for analyzing cost and | ||||||
3 | performance for use in Budgeting for Results; and | ||||||
4 | (E) caps on the amount of salaries that may be | ||||||
5 | charged to grants based on the limitations imposed by | ||||||
6 | federal agencies. | ||||||
7 | (6) The development of pre-qualification requirements | ||||||
8 | for applicants, including the fiscal condition of the | ||||||
9 | organization and the provision of the following | ||||||
10 | information:
| ||||||
11 | (A) organization name;
| ||||||
12 | (B) Federal Employee Identification Number;
| ||||||
13 | (C) Data Universal Numbering System (DUNS) number;
| ||||||
14 | (D) fiscal condition;
| ||||||
15 | (E) whether the applicant is in good standing with | ||||||
16 | the Secretary of State;
| ||||||
17 | (F) past performance in administering grants;
| ||||||
18 | (G) whether the applicant is or has ever been on | ||||||
19 | the Debarred and Suspended List maintained by the | ||||||
20 | Governor's Office of Management and Budget;
| ||||||
21 | (H) whether the applicant is or has ever been on | ||||||
22 | the federal Excluded Parties List; and | ||||||
23 | (I) whether the applicant is or has ever been on | ||||||
24 | the Sanctioned Party List maintained by the Illinois | ||||||
25 | Department of Healthcare and Family Services.
| ||||||
26 | Nothing in this Act affects the provisions of the Fiscal |
| |||||||
| |||||||
1 | Control and Internal Auditing Act nor the requirement that the | ||||||
2 | management of each State agency is responsible for maintaining | ||||||
3 | effective internal controls under that Act. | ||||||
4 | For public institutions of higher education, the | ||||||
5 | provisions of this Section apply only to awards funded by State | ||||||
6 | appropriations and federal pass-through awards from a State | ||||||
7 | agency to public institutions of higher education.
| ||||||
8 | (Source: P.A. 98-706, eff. 7-16-14; 99-523, eff. 6-30-16.)
| ||||||
9 | (30 ILCS 708/50) | ||||||
10 | (Section scheduled to be repealed on July 16, 2020)
| ||||||
11 | Sec. 50. State grant-making agency responsibilities. | ||||||
12 | (a) The specific requirements and responsibilities of | ||||||
13 | State grant-making agencies and non-federal entities are set | ||||||
14 | forth in this Act. State agencies making State awards to | ||||||
15 | non-federal entities must adopt by rule the language in 2 CFR | ||||||
16 | 200, Subpart C through Subpart F unless different provisions | ||||||
17 | are required by law. | ||||||
18 | (b) Each State grant-making agency shall appoint a Chief | ||||||
19 | Accountability Officer who shall serve as a liaison to the | ||||||
20 | Grant Accountability and Transparency Unit and who shall be | ||||||
21 | responsible for the State agency's implementation of and | ||||||
22 | compliance with the rules. | ||||||
23 | (c) In order to effectively measure the performance of its | ||||||
24 | recipients and subrecipients, each State grant-making agency | ||||||
25 | shall:
|
| |||||||
| |||||||
1 | (1) require its recipients and subrecipients to relate | ||||||
2 | financial data to performance accomplishments of the award | ||||||
3 | and, when applicable, must require recipients and | ||||||
4 | subrecipients to provide cost information to demonstrate | ||||||
5 | cost-effective practices. The
recipient's and | ||||||
6 | subrecipient's performance should be measured in a way that | ||||||
7 | will help the State agency to improve program outcomes, | ||||||
8 | share lessons learned, and spread the adoption of promising | ||||||
9 | practices; and
| ||||||
10 | (2) provide recipients and subrecipients with clear | ||||||
11 | performance goals, indicators, and milestones and must | ||||||
12 | establish performance reporting frequency and content to | ||||||
13 | not only allow the State agency to understand the | ||||||
14 | recipient's progress, but also to facilitate
| ||||||
15 | identification of promising practices among recipients and | ||||||
16 | subrecipients and build the evidence upon which the State | ||||||
17 | agency's program and performance decisions are made.
| ||||||
18 | (c-5) Each State grant-making agency shall, when it is in | ||||||
19 | the best interests of the State, request that the Office of the | ||||||
20 | Comptroller issue a stop payment order in accordance with | ||||||
21 | Section 105 of this Act. | ||||||
22 | (c-6) Upon notification by the Grant Transparency and | ||||||
23 | Accountability Unit that a stop payment order has been | ||||||
24 | requested by a State grant-making agency, each State | ||||||
25 | grant-making agency who has issued a grant to that recipient or | ||||||
26 | subrecipient shall determine if it remains in the best |
| |||||||
| |||||||
1 | interests of the State to continue to issue payments to the | ||||||
2 | recipient or subrecipient. | ||||||
3 | (d) The Governor's Office of Management and Budget shall | ||||||
4 | provide such advice and technical assistance to the State | ||||||
5 | grant-making agencies as is necessary or indicated in order to | ||||||
6 | ensure compliance with this Act.
| ||||||
7 | (e) In accordance with this Act and the Illinois State | ||||||
8 | Collection Act of 1986, refunds required under the Grant Funds | ||||||
9 | Recovery Act may be referred to the Comptroller's offset | ||||||
10 | system. | ||||||
11 | (Source: P.A. 98-706, eff. 7-16-14 .)
| ||||||
12 | (30 ILCS 708/55) | ||||||
13 | (Section scheduled to be repealed on July 16, 2020)
| ||||||
14 | Sec. 55. The Governor's Office of Management and Budget | ||||||
15 | responsibilities.
| ||||||
16 | (a) The Governor's Office of Management and Budget shall: | ||||||
17 | (1) provide technical assistance and interpretations | ||||||
18 | of policy requirements in order to ensure effective and | ||||||
19 | efficient implementation of this Act by State grant-making | ||||||
20 | agencies; and | ||||||
21 | (2) have authority to approve any exceptions to the | ||||||
22 | requirements of this Act and shall adopt rules governing | ||||||
23 | the criteria to be considered when an exception is | ||||||
24 | requested; exceptions shall only be made in particular | ||||||
25 | cases where adequate justification is presented. |
| |||||||
| |||||||
1 | (b) The Governor's Office of Management and Budget shall, | ||||||
2 | on or before July 1, 2016, establish a centralized unit within | ||||||
3 | the Governor's Office of Management and Budget. The centralized | ||||||
4 | unit shall be known as the Grant Accountability and | ||||||
5 | Transparency Unit and shall be funded with a portion of the | ||||||
6 | administrative funds provided under existing and future State | ||||||
7 | and federal pass-through grants.
The amounts charged will be | ||||||
8 | allocated based on the actual cost of the services provided to | ||||||
9 | State grant-making agencies and public institutions of higher | ||||||
10 | education in accordance with the applicable federal cost | ||||||
11 | principles contained in 2 CFR 200 and this Act will not cause | ||||||
12 | the reduction in the amount of any State or federal grant | ||||||
13 | awards that have been or will be directed towards State | ||||||
14 | agencies or public institutions of higher education.
| ||||||
15 | (c) The Governor's Office of Management and Budget, in | ||||||
16 | conjunction with the Illinois Single Audit Commission, shall | ||||||
17 | research and provide recommendations to the General Assembly | ||||||
18 | regarding the adoption of legislation in accordance with the | ||||||
19 | federal Improper Payments Elimination and Recovery Improvement | ||||||
20 | Act of 2012. The recommendations shall be included in the | ||||||
21 | Annual Report of the Commission to be submitted to the General | ||||||
22 | Assembly on January 1, 2020. This subsection (c) is inoperative | ||||||
23 | on and after January 1, 2021. | ||||||
24 | (Source: P.A. 98-706, eff. 7-16-14; 99-523, eff. 6-30-16.)
| ||||||
25 | (30 ILCS 708/95) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on July 16, 2020)
| ||||||
2 | Sec. 95. Annual report. Effective January 1, 2016 and each | ||||||
3 | January 1 thereafter, the Governor's Office of Management and | ||||||
4 | Budget, in conjunction with the Illinois Single Audit | ||||||
5 | Commission, shall submit to the Governor and the General | ||||||
6 | Assembly a report that demonstrates the efficiencies, cost | ||||||
7 | savings, and reductions in fraud, waste, and abuse as a result | ||||||
8 | of the implementation of this Act and the rules adopted by the | ||||||
9 | Governor's Office of Management and Budget in accordance with | ||||||
10 | the provisions of this Act. The report shall include, but not | ||||||
11 | be limited to:
| ||||||
12 | (1) the number of entities placed on the Illinois | ||||||
13 | Debarred and Suspended List;
| ||||||
14 | (2) any savings realized as a result of the | ||||||
15 | implementation of this Act;
| ||||||
16 | (3) any reduction in the number of duplicative audit | ||||||
17 | report reviews audits ;
| ||||||
18 | (4) the number of persons trained to assist grantees | ||||||
19 | and subrecipients; and
| ||||||
20 | (5) the number of grantees and subrecipients to whom a | ||||||
21 | fiscal agent was assigned.
| ||||||
22 | (Source: P.A. 98-706, eff. 7-16-14 .)
| ||||||
23 | (30 ILCS 708/105 new) | ||||||
24 | Sec. 105. Stop payment procedures. | ||||||
25 | (a) On or before July 1, 2019, the Governor's Office of |
| |||||||
| |||||||
1 | Management and Budget shall adopt rules pertaining to the | ||||||
2 | following: | ||||||
3 | (1) factors to be considered in determining whether to | ||||||
4 | issue a stop payment order shall include whether or not a | ||||||
5 | stop payment order is in the best interests of the State; | ||||||
6 | (2) factors to be considered in determining whether a | ||||||
7 | stop payment order should be lifted; and | ||||||
8 | (3) procedures for notification to the recipient or | ||||||
9 | subrecipient of the issuance of a stop payment order, the | ||||||
10 | lifting of a stop payment order, and any other related | ||||||
11 | information. | ||||||
12 | (b) On or before December 31, 2019, the Governor's Office | ||||||
13 | of Management and Budget shall, in conjunction with State | ||||||
14 | grant-making agencies, adopt rules pertaining to the | ||||||
15 | following: | ||||||
16 | (1) policies regarding the issuance of stop payment | ||||||
17 | orders; | ||||||
18 | (2) policies regarding the lifting of stop payment | ||||||
19 | orders; | ||||||
20 | (3) policies regarding corrective actions required of | ||||||
21 | recipients and subrecipients in the event a stop payment | ||||||
22 | order is issued; and | ||||||
23 | (4) policies regarding the coordination of | ||||||
24 | communications between the Office of the Comptroller and | ||||||
25 | State grant-making agencies regarding the issuance of stop | ||||||
26 | payment orders and the lifting of such orders. |
| |||||||
| |||||||
1 | (c) On or before July 1, 2020, the Office of the | ||||||
2 | Comptroller shall establish stop payment procedures that shall | ||||||
3 | cause the cessation of payments to a recipient or subrecipient. | ||||||
4 | Such a temporary or permanent cessation of payments will occur | ||||||
5 | pursuant to a stop payment order requested by a State | ||||||
6 | grant-making agency and implemented by the Office of the | ||||||
7 | Comptroller. | ||||||
8 | (d) The State grant-making agency shall maintain a file | ||||||
9 | pertaining to all stop payment orders which shall include, at a | ||||||
10 | minimum: | ||||||
11 | (1) The notice to the recipient or subrecipient that a | ||||||
12 | stop payment order has been issued. The notice shall | ||||||
13 | include: | ||||||
14 | (A) The name of the grant. | ||||||
15 | (B) The grant number. | ||||||
16 | (C) The name of the State agency that issued the | ||||||
17 | grant. | ||||||
18 | (D) The reasons for the stop payment order. | ||||||
19 | (E) Any other relevant information. | ||||||
20 | (2) The order lifting the stop payment order, if | ||||||
21 | applicable. | ||||||
22 | (e) The Grant Accountability and Transparency Unit shall | ||||||
23 | determine and disseminate factors that State agencies shall | ||||||
24 | consider when determining whether it is in the best interests | ||||||
25 | of the State to permanently or temporarily cease payments to a | ||||||
26 | recipient or subrecipient who has had a stop payment order |
| |||||||
| |||||||
1 | requested by another State agency. | ||||||
2 | (f) The Office of the Comptroller and the Governor's Office | ||||||
3 | of Management and Budget grant systems shall determine if the | ||||||
4 | recipient or subrecipient has received grants from other State | ||||||
5 | grant-making agencies. | ||||||
6 | (g) Upon notice from the Office of the Comptroller, the | ||||||
7 | Grant Accountability and Transparency Unit shall notify all | ||||||
8 | State grant-making agencies who have issued grants to a | ||||||
9 | recipient or subrecipient whose payments have been subject to a | ||||||
10 | stop payment order that a stop payment order has been requested | ||||||
11 | by another State grant-making agency. | ||||||
12 | (h) Upon notice from the Grant Accountability and | ||||||
13 | Transparency Unit, each State grant-making agency who has | ||||||
14 | issued a grant to a recipient or subrecipient whose payments | ||||||
15 | have been subject to a stop payment order shall review and | ||||||
16 | assess all grants issued to that recipient or subrecipient. | ||||||
17 | State agencies shall use factors provided by the Governor's | ||||||
18 | Office of Management and Budget or the Grant Accountability and | ||||||
19 | Transparency Unit to determine whether it is the best interests | ||||||
20 | of the State to request a stop payment order.
| ||||||
21 | (30 ILCS 708/110 new) | ||||||
22 | Sec. 110. Documentation of award decisions. Each award that | ||||||
23 | is granted pursuant to an application process must include | ||||||
24 | documentation to support the award. | ||||||
25 | (a) For each State or federal pass-through award that is |
| |||||||
| |||||||
1 | granted following an application process, the State | ||||||
2 | grant-making agency shall create a grant award file. The grant | ||||||
3 | award file shall contain, at a minimum: | ||||||
4 | (1) A description of the grant. | ||||||
5 | (2) The Notice of Opportunity, if applicable. | ||||||
6 | (3) All applications received in response to the Notice | ||||||
7 | of Opportunity, if applicable. | ||||||
8 | (4) Copies of any written communications between an | ||||||
9 | applicant and the State grant-making agency, if | ||||||
10 | applicable. | ||||||
11 | (5) The criteria used to evaluate the applications, if | ||||||
12 | applicable. | ||||||
13 | (6) The scores assigned to each applicant according to | ||||||
14 | the criteria, if applicable. | ||||||
15 | (7) A written determination, signed by an authorized | ||||||
16 | representative of the State grant-making agency, setting | ||||||
17 | forth the reason for the grant award decision, if | ||||||
18 | applicable. | ||||||
19 | (8) The Notice of Award. | ||||||
20 | (9) Any other pre-award documents. | ||||||
21 | (10) The grant agreement and any renewals, if | ||||||
22 | applicable; | ||||||
23 | (11) All post-award, administration, and close-out | ||||||
24 | documents relating to the grant. | ||||||
25 | (12) Any other information relevant to the grant award. | ||||||
26 | (b) The grant file shall not include trade secrets or other |
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1 | competitively sensitive, confidential, or proprietary | ||||||
2 | information. | ||||||
3 | (c) Each grant file shall be maintained by the State | ||||||
4 | grant-making agency and, subject to the provisions of the | ||||||
5 | Freedom of Information Act, shall be available for public | ||||||
6 | inspection and copying within 7 calendar days following award | ||||||
7 | of the grant.
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8 | (30 ILCS 708/115 new) | ||||||
9 | Sec. 115. Certifications and representations. Unless | ||||||
10 | prohibited by State or federal statute, regulation, or | ||||||
11 | administrative rule, each State awarding agency or | ||||||
12 | pass-through entity is authorized to require the recipient or | ||||||
13 | subrecipient to submit certifications and representations | ||||||
14 | required by State or federal statute, regulation, or | ||||||
15 | administrative rule.
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16 | (30 ILCS 708/120 new) | ||||||
17 | Sec. 120. Required certifications. To assure that | ||||||
18 | expenditures are proper and in accordance with the terms and | ||||||
19 | conditions of the grant award and approved project budgets, all | ||||||
20 | periodic and final financial reports, and all payment requests | ||||||
21 | under the grant agreement, must include a certification, signed | ||||||
22 | by an official who is authorized to legally bind the grantee or | ||||||
23 | subrecipient, that reads as follows: | ||||||
24 | "By signing this report and/or payment request, I |
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1 | certify to the best of my knowledge and belief that this | ||||||
2 | report is true, complete, and accurate; that the | ||||||
3 | expenditures, disbursements, and cash receipts are for the | ||||||
4 | purposes and objectives set forth in the terms and | ||||||
5 | conditions of the State or federal pass-through award; and | ||||||
6 | that supporting documentation has been submitted as | ||||||
7 | required by the grant agreement. I acknowledge that | ||||||
8 | approval for any item or expenditure described herein shall | ||||||
9 | be considered conditional subject to further review and | ||||||
10 | verification in accordance with the monitoring and records | ||||||
11 | retention provisions of the grant agreement. I am aware | ||||||
12 | that any false, fictitious, or fraudulent information, or | ||||||
13 | the omission of any material fact, may subject me to | ||||||
14 | criminal, civil or administrative penalties for fraud, | ||||||
15 | false statements, false claims or otherwise. (18 U.S.C. | ||||||
16 | §1001; 31 U.S.C. §§3729-3730 and §§3801-3812; 30 ILCS 708/ | ||||||
17 | 120.)"
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18 | (30 ILCS 708/125 new) | ||||||
19 | Sec. 125. Expenditures prior to grant execution; reporting | ||||||
20 | requirements. | ||||||
21 | (a) In the event that a recipient or subrecipient incurs | ||||||
22 | expenses related to the grant award prior to the execution of | ||||||
23 | the grant agreement but within the term of the grant, and the | ||||||
24 | grant agreement is executed more than 30 days after the | ||||||
25 | effective date of the grant, the recipient or subrecipient must |
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1 | submit to the State grant-making agency a report that accounts | ||||||
2 | for eligible grant expenditures and project activities from the | ||||||
3 | effective date of the grant up to and including the date of | ||||||
4 | execution of the grant agreement. | ||||||
5 | (b) The recipient or subrecipient must submit the report to | ||||||
6 | the State grant-making agency within 30 days of execution of | ||||||
7 | the grant agreement. | ||||||
8 | (c) Only those expenses that are reasonable, allowable, and | ||||||
9 | in furtherance of the purpose of the grant award shall be | ||||||
10 | reimbursed. | ||||||
11 | (d) The State grant-making agency must approve the report | ||||||
12 | prior to issuing any payment to the recipient or subrecipient.
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13 | (30 ILCS 708/130 new) | ||||||
14 | Sec. 130. Travel costs. | ||||||
15 | (a) General. Travel costs are the expenses for | ||||||
16 | transportation, lodging, subsistence, and related items | ||||||
17 | incurred by the employees of the recipient or subrecipient who | ||||||
18 | are in travel status on official business of the recipient or | ||||||
19 | subrecipient. Such costs may only be charged to a State or | ||||||
20 | federal pass-through grant on a per diem or mileage basis in | ||||||
21 | accordance with the rules of the Governor's Travel Control | ||||||
22 | Board. | ||||||
23 | (b) Lodging and subsistence. Costs incurred for travel, | ||||||
24 | including costs of lodging, other subsistence, and incidental | ||||||
25 | expenses, must be considered reasonable and otherwise |
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1 | allowable only to the extent such costs do not exceed charges | ||||||
2 | normally allowed by the rules of the Governor's Travel Control | ||||||
3 | Board. In addition, if these costs are charged directly to the | ||||||
4 | State or federal pass-through award documentation must justify | ||||||
5 | that: | ||||||
6 | (1) participation of the individual is necessary to the | ||||||
7 | State or federal pass-through award; and | ||||||
8 | (2) the costs are reasonable and consistent with the | ||||||
9 | rules of the Governor's Travel Control Board. | ||||||
10 | (c) Commercial air travel. Airfare costs in excess of the | ||||||
11 | basic least expensive unrestricted accommodations class | ||||||
12 | offered by commercial airlines are unallowable except when such | ||||||
13 | accommodations would: | ||||||
14 | (1) require circuitous routing; | ||||||
15 | (2) require travel during unreasonable hours; | ||||||
16 | (3) excessively prolong travel; | ||||||
17 | (4) result in additional costs that would offset the | ||||||
18 | transportation savings; or | ||||||
19 | (5) offer accommodations not reasonably adequate for | ||||||
20 | the traveler's medical needs.
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21 | (30 ILCS 708/520 new) | ||||||
22 | Sec. 520. Separate accounts for State grant funds. | ||||||
23 | Notwithstanding any provision of law to the contrary, all | ||||||
24 | grants made and any grant agreement entered into, renewed, or | ||||||
25 | extended on or after the effective date of this amendatory Act |
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1 | of the 100th General Assembly, between a State grant-making | ||||||
2 | agency and a nonprofit organization, shall require the | ||||||
3 | nonprofit organization receiving grant funds to maintain those | ||||||
4 | funds in an account which is separate and distinct from any | ||||||
5 | account holding non-grant funds. Except as otherwise provided | ||||||
6 | in an agreement between a State grant-making agency and a | ||||||
7 | nonprofit organization, the grant funds held in a separate | ||||||
8 | account by a nonprofit organization shall not be used for | ||||||
9 | non-grant-related activities, and any unused grant funds shall | ||||||
10 | be returned to the State grant-making agency.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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