103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5177

 

Introduced 2/9/2024, by Rep. Jackie Haas

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 708/105

    Amends the Grant Accountability and Transparency Act. Provides that the Governor's Office of Management and Budget shall adopt rules prohibiting issuance of and requiring the lifting of stop-payment orders if: (1) the recipient or subrecipient is a public safety department or agency, including a police or fire department of a unit of local government; (2) the Governor's Office of Management and Budget has verified that the unit of local government, its administration, or a department of the unit is in a state of noncompliance with the Grant Accountability and Transparency Act, but the public safety department or agency recipient or subrecipient is not in a state of noncompliance; (3) the recipient or subrecipient public safety department or agency's award would be applied to costs of the fulfillment of a State legislative or administrative mandate; and (4) the sum total of the award is less than $200,000. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Grant Accountability and Transparency Act
5is amended by changing Section 105 as follows:
 
6    (30 ILCS 708/105)
7    Sec. 105. Stop payment procedures.
8    (a) On or before July 1, 2019, the Governor's Office of
9Management and Budget shall adopt rules pertaining to the
10following:
11        (1) factors to be considered in determining whether to
12    issue a stop payment order shall include whether or not a
13    stop payment order is in the best interests of the State;
14        (2) factors to be considered in determining whether a
15    stop payment order should be lifted; and
16        (3) procedures for notification to the recipient or
17    subrecipient of the issuance of a stop payment order, the
18    lifting of a stop payment order, and any other related
19    information.
20    (b) On or before December 31, 2019, the Governor's Office
21of Management and Budget shall, in conjunction with State
22grant-making agencies, adopt rules pertaining to the
23following:

 

 

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1        (1) policies regarding the issuance of stop payment
2    orders;
3        (2) policies regarding the lifting of stop payment
4    orders;
5        (3) policies regarding corrective actions required of
6    recipients and subrecipients in the event a stop payment
7    order is issued; and
8        (4) policies regarding the coordination of
9    communications between the Office of the Comptroller and
10    State grant-making agencies regarding the issuance of stop
11    payment orders and the lifting of such orders.
12    (b-5) The Governor's Office of Management and Budget shall
13adopt rules prohibiting issuance of and requiring the lifting
14of stop-payment orders if:
15        (1) the recipient or subrecipient is a public safety
16    department or agency, including a police or fire
17    department of a unit of local government;
18        (2) the Governor's Office of Management and Budget has
19    verified that the unit of local government, its
20    administration, or a department of the unit is in a state
21    of noncompliance with the Grant Accountability and
22    Transparency Act, but the public safety department or
23    agency recipient or subrecipient is not in a state of
24    noncompliance;
25        (3) the recipient or subrecipient public safety
26    department or agency's award would be applied to costs of

 

 

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1    the fulfillment of a State legislative or administrative
2    mandate; and
3        (4) the sum total of the award is less than $200,000.
4    (c) On or before July 1, 2020, the Office of the
5Comptroller shall establish stop payment procedures that shall
6cause the cessation of payments to a recipient or
7subrecipient. Such a temporary or permanent cessation of
8payments will occur pursuant to a stop payment order requested
9by a State grant-making agency and implemented by the Office
10of the Comptroller.
11    (d) The State grant-making agency shall maintain a file
12pertaining to all stop payment orders which shall include, at
13a minimum:
14        (1) The notice to the recipient or subrecipient that a
15    stop payment order has been issued. The notice shall
16    include:
17            (A) The name of the grant.
18            (B) The grant number.
19            (C) The name of the State agency that issued the
20        grant.
21            (D) The reasons for the stop payment order.
22            (E) Any other relevant information.
23        (2) The order lifting the stop payment order, if
24    applicable.
25    (e) The Grant Accountability and Transparency Unit shall
26determine and disseminate factors that State agencies shall

 

 

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1consider when determining whether it is in the best interests
2of the State to permanently or temporarily cease payments to a
3recipient or subrecipient who has had a stop payment order
4requested by another State agency.
5    (f) The Office of the Comptroller and the Governor's
6Office of Management and Budget grant systems shall determine
7if the recipient or subrecipient has received grants from
8other State grant-making agencies.
9    (g) Upon notice from the Office of the Comptroller, the
10Grant Accountability and Transparency Unit shall notify all
11State grant-making agencies who have issued grants to a
12recipient or subrecipient whose payments have been subject to
13a stop payment order that a stop payment order has been
14requested by another State grant-making agency.
15    (h) Upon notice from the Grant Accountability and
16Transparency Unit, each State grant-making agency who has
17issued a grant to a recipient or subrecipient whose payments
18have been subject to a stop payment order shall review and
19assess all grants issued to that recipient or subrecipient.
20State agencies shall use factors provided by the Governor's
21Office of Management and Budget or the Grant Accountability
22and Transparency Unit to determine whether it is the best
23interests of the State to request a stop payment order.
24(Source: P.A. 100-997, eff. 8-20-18.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.