SB2645: FIRE STATION REHABILITATION

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 - 2 - LRB104 13047 BDA 24983 b 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; SB2645 Enrolled - 3 - LRB104 13047 BDA 24983 b 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 - 4 - LRB104 13047 BDA 24983 b 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" SB2645 Enrolled - 5 - LRB104 13047 BDA 24983 b 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 - 6 - 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 SB2645 Enrolled - 7 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 8 - 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. SB2645 Enrolled - 9 - 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 - 10 - 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 - 11 - 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 SB2645 Enrolled - 12 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 13 - 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. SB2645 Enrolled - 14 - LRB104 13047 BDA 24983 b 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 - 15 - 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. SB2645 Enrolled - 16 - 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. SB2645 Enrolled - 17 - 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 - 18 - 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 SB2645 Enrolled - 19 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 20 - LRB104 13047 BDA 24983 b 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. SB2645 Enrolled - 21 - LRB104 13047 BDA 24983 b 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; SB2645 Enrolled - 22 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 23 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 24 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 25 - LRB104 13047 BDA 24983 b 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: SB2645 Enrolled - 26 - LRB104 13047 BDA 24983 b 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 SB2645 Enrolled - 27 - LRB104 13047 BDA 24983 b 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.)