Full Text of SB2540 100th General Assembly
SB2540enr 100TH GENERAL ASSEMBLY |
| | SB2540 Enrolled | | LRB100 15500 RJF 30524 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 Governor's Office of Management and Budget | 5 | | Act is amended by adding Sections 2.11 and 2.12 as follows: | 6 | | (20 ILCS 3005/2.11 new) | 7 | | Sec. 2.11. Stop payment orders. Upon a request for a stop | 8 | | payment order from a State grant-making agency for a recipient | 9 | | or subrecipient, the Office of the Comptroller shall notify the | 10 | | Grant Accountability and Transparency Unit within 30 days of | 11 | | the request. | 12 | | (20 ILCS 3005/2.12 new) | 13 | | Sec. 2.12. Improper payment elimination recommendations. | 14 | | Pursuant to Section 15.5 of the Grant Funds Recovery Act, the | 15 | | Governor's Office of Management and Budget, in conjunction with | 16 | | the Illinois Single Audit Commission, shall research and | 17 | | provide recommendations to the General Assembly regarding the | 18 | | adoption of legislation, in accordance with the federal | 19 | | Improper Payments Elimination and Recovery Improvement Act of | 20 | | 2012. The recommendations shall be included in the Annual | 21 | | Report of the Commission to be submitted to the General | 22 | | Assembly on January 1, 2020. The report to the General Assembly |
| | | SB2540 Enrolled | - 2 - | LRB100 15500 RJF 30524 b |
|
| 1 | | shall be filed with the Clerk of the House of Representatives | 2 | | and the Secretary of the Senate in electronic form only, in the | 3 | | manner that the Clerk and the Secretary shall direct. This | 4 | | Section is repealed January 1, 2021. | 5 | | Section 10. The State Finance Act is amended by changing | 6 | | Section 35 as follows:
| 7 | | (30 ILCS 105/35) (from Ch. 127, par. 167.03)
| 8 | | Sec. 35.
As used in this Section, "state agency" is defined | 9 | | as provided
in the Illinois State Auditing Act, except that | 10 | | this Section does not
apply to state colleges and universities, | 11 | | the Illinois Mathematics and
Science Academy, and their | 12 | | respective governing boards.
| 13 | | When any State agency receives a grant or contract from | 14 | | itself or another State agency
from appropriated funds the | 15 | | recipient agency shall be restricted in the
expenditure of | 16 | | these funds to the period during which the grantor agency
was | 17 | | so restricted and to the terms and conditions under which such | 18 | | other
agency received the appropriation . , The restrictions | 19 | | shall include: any applicable restrictions in Section 25 of | 20 | | this Act, applicable federal regulations, and to the terms, | 21 | | conditions and limitations
of the appropriations to the other | 22 | | agency , even if the funds are deposited or interfund | 23 | | transferred for use in a non-appropriated fund . No State agency | 24 | | may accept or
expend funds under a grant or contract for any |
| | | SB2540 Enrolled | - 3 - | LRB100 15500 RJF 30524 b |
|
| 1 | | purpose, program or activity
not within the scope of the | 2 | | agency's powers and duties under Illinois law.
| 3 | | (Source: P.A. 88-9.)
| 4 | | Section 15. The Illinois Grant Funds Recovery Act is | 5 | | amended by adding Section 15.5 as follows: | 6 | | (30 ILCS 705/15.5 new) | 7 | | Sec. 15.5. Recommendations of the Illinois Single Audit | 8 | | Commission regarding the elimination and recovery of improper | 9 | | payments. The Illinois Single Audit Commission, in conjunction | 10 | | with the Governor's Office of Management and Budget, shall | 11 | | research and provide recommendations to the General Assembly | 12 | | regarding the adoption of legislation in accordance with the | 13 | | federal Improper Payments Elimination and Recovery Improvement | 14 | | Act of 2012. The recommendations shall be included in the | 15 | | Annual Report of the Commission to be submitted to the General | 16 | | Assembly on January 1, 2020. The report to the General Assembly | 17 | | shall be filed with the Clerk of the House of Representatives | 18 | | and the Secretary of the Senate in electronic form only, in the | 19 | | manner that the Clerk and the Secretary shall direct. This | 20 | | Section is repealed January 1, 2021. | 21 | | Section 20. The Grant Accountability and Transparency Act | 22 | | is amended by changing Sections 15, 25, 50, 55, and 95 and by | 23 | | adding Sections 105, 110, 115, 120, 125, 130, and 520 as |
| | | SB2540 Enrolled | - 4 - | LRB100 15500 RJF 30524 b |
|
| 1 | | follows: | 2 | | (30 ILCS 708/15) | 3 | | (Section scheduled to be repealed on July 16, 2020)
| 4 | | Sec. 15. Definitions. As used in this Act:
| 5 | | "Allowable cost" means a cost allowable to a project if:
| 6 | | (1) the costs are reasonable and necessary for the | 7 | | performance of the award;
| 8 | | (2) the costs are allocable to the specific project;
| 9 | | (3) the costs are treated consistently in like | 10 | | circumstances to both federally-financed and other | 11 | | activities of the non-federal entity; | 12 | | (4) the costs conform to any limitations of the cost | 13 | | principles or the sponsored agreement; | 14 | | (5) the costs are accorded consistent treatment; a cost | 15 | | may not be assigned to a State or federal award as a direct | 16 | | cost if any other cost incurred for the same purpose in | 17 | | like circumstances has been allocated to the award as an | 18 | | indirect cost;
| 19 | | (6) the costs are determined to be in accordance with | 20 | | generally accepted accounting principles;
| 21 | | (7) the costs are not included as a cost or used to | 22 | | meet federal cost-sharing or matching requirements of any | 23 | | other program in either the current or prior period; | 24 | | (8) the costs of one State or federal grant are not | 25 | | used to meet the match requirements of another State or |
| | | SB2540 Enrolled | - 5 - | LRB100 15500 RJF 30524 b |
|
| 1 | | federal grant; and | 2 | | (9) the costs are adequately documented. | 3 | | "Auditee" means any non-federal entity that expends State | 4 | | or federal awards that must be audited.
| 5 | | "Auditor" means an auditor who is a public accountant or a | 6 | | federal, State, or local government audit organization that | 7 | | meets the general standards specified in generally-accepted | 8 | | government auditing standards. "Auditor" does not include | 9 | | internal auditors of nonprofit organizations.
| 10 | | "Auditor General" means the Auditor General of the State of | 11 | | Illinois. | 12 | | "Award" means financial assistance that provides support | 13 | | or stimulation to accomplish a public purpose. "Awards" include | 14 | | grants and other agreements in the form of money, or property | 15 | | in lieu of money, by the State or federal government to an | 16 | | eligible recipient. "Award" does not include: technical | 17 | | assistance that provides services instead of money; other | 18 | | assistance in the form of loans, loan guarantees, interest | 19 | | subsidies, or insurance; direct payments of any kind to | 20 | | individuals; or contracts that must be entered into and | 21 | | administered under State or federal procurement laws and | 22 | | regulations. | 23 | | "Budget" means the financial plan for the project or | 24 | | program that the awarding agency or pass-through entity | 25 | | approves during the award process or in subsequent amendments | 26 | | to the award. It may include the State or federal and |
| | | SB2540 Enrolled | - 6 - | LRB100 15500 RJF 30524 b |
|
| 1 | | non-federal share or only the State or federal share, as | 2 | | determined by the awarding agency or pass-through entity. | 3 | | "Catalog of Federal Domestic Assistance" or "CFDA" means a | 4 | | database that helps the federal government track all programs | 5 | | it has domestically funded. | 6 | | "Catalog of Federal Domestic Assistance number" or "CFDA | 7 | | number" means the number assigned to a federal program in the | 8 | | CFDA.
| 9 | | "Catalog of State Financial Assistance" means the single, | 10 | | authoritative, statewide, comprehensive source document of | 11 | | State financial assistance program information maintained by | 12 | | the Governor's Office of Management and Budget.
| 13 | | "Catalog of State Financial Assistance Number" means the | 14 | | number assigned to a State program in the Catalog of State | 15 | | Financial Assistance. The first 3 digits represent the State | 16 | | agency number and the last 4 digits represent the program.
| 17 | | "Cluster of programs" means a grouping of closely related | 18 | | programs that share common compliance requirements. The types | 19 | | of clusters of programs are research and development, student | 20 | | financial aid, and other clusters. A "cluster of programs" | 21 | | shall be considered as one program for determining major | 22 | | programs and, with the exception of research and development, | 23 | | whether a program-specific audit may be elected. | 24 | | "Cognizant agency for audit" means the federal agency | 25 | | designated to carry out the responsibilities described in 2 CFR | 26 | | 200.513(a). |
| | | SB2540 Enrolled | - 7 - | LRB100 15500 RJF 30524 b |
|
| 1 | | "Contract" means a legal instrument by which a non-federal | 2 | | entity purchases property or services needed to carry out the | 3 | | project or program under an award. "Contract" does not include | 4 | | a legal instrument, even if the non-federal entity considers it | 5 | | a contract, when the substance of the transaction meets the | 6 | | definition of an award or subaward.
| 7 | | "Contractor" means an entity that receives a contract.
| 8 | | "Cooperative agreement" means a legal instrument of | 9 | | financial assistance between an awarding agency or | 10 | | pass-through entity and a non-federal entity that: | 11 | | (1) is used to enter into a relationship with the | 12 | | principal purpose of transferring anything of value from | 13 | | the awarding agency or pass-through entity to the | 14 | | non-federal entity to carry out a public purpose authorized | 15 | | by law, but is not used to acquire property or services for | 16 | | the awarding agency's or pass-through entity's direct | 17 | | benefit or use; and
| 18 | | (2) is distinguished from a grant in that it provides | 19 | | for substantial involvement between the awarding agency or | 20 | | pass-through entity and the non-federal entity in carrying | 21 | | out the activity contemplated by the award. | 22 | | "Cooperative agreement" does not include a
cooperative | 23 | | research and development agreement, nor
an agreement that | 24 | | provides only direct cash assistance to an individual, a | 25 | | subsidy, a loan,
a loan guarantee, or insurance. | 26 | | "Corrective action" means action taken by the auditee that |
| | | SB2540 Enrolled | - 8 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (i) corrects identified deficiencies,
(ii) produces | 2 | | recommended improvements, or (iii) demonstrates that audit | 3 | | findings are either invalid or do not warrant auditee action. | 4 | | "Cost objective" means a program, function, activity, | 5 | | award, organizational subdivision, contract, or work unit for | 6 | | which cost data is desired and for which provision is made to | 7 | | accumulate and measure the cost of processes, products, jobs, | 8 | | and capital projects. A "cost objective" may be a major | 9 | | function of the non-federal entity, a particular service or | 10 | | project, an award, or an indirect cost activity. | 11 | | "Cost sharing" means the portion of project costs not paid | 12 | | by State or federal funds, unless otherwise authorized by | 13 | | statute.
| 14 | | "Development" is the systematic use of knowledge and | 15 | | understanding gained from research directed toward the | 16 | | production of useful materials, devices, systems, or methods, | 17 | | including design and development of prototypes and processes. | 18 | | "Data Universal Numbering System number" means the 9-digit | 19 | | number established and assigned by Dun and Bradstreet, Inc. to | 20 | | uniquely identify entities and, under federal law, is required | 21 | | for non-federal entities to apply for, receive, and report on a | 22 | | federal award. | 23 | | "Direct costs" means costs that can be identified | 24 | | specifically with a particular final cost objective, such as a | 25 | | State or federal or federal pass-through award or a particular | 26 | | sponsored project, an instructional activity, or any other |
| | | SB2540 Enrolled | - 9 - | LRB100 15500 RJF 30524 b |
|
| 1 | | institutional activity, or that can be directly assigned to | 2 | | such activities relatively easily with a high degree of | 3 | | accuracy.
| 4 | | "Equipment" means tangible personal property (including | 5 | | information technology systems) having a useful life of more | 6 | | than one year and a per-unit acquisition cost that equals or | 7 | | exceeds the lesser of the capitalization level established by | 8 | | the non-federal entity for financial statement purposes, or | 9 | | $5,000. | 10 | | "Executive branch" means that branch of State government | 11 | | that is under the jurisdiction of the Governor. | 12 | | "Federal agency" has the meaning provided for "agency" | 13 | | under 5 U.S.C. 551(1) together with the meaning provided for | 14 | | "agency" by 5 U.S.C. 552(f). | 15 | | "Federal award" means: | 16 | | (1) the federal financial assistance that a | 17 | | non-federal entity receives directly from a federal | 18 | | awarding agency or indirectly from a pass-through entity;
| 19 | | (2) the cost-reimbursement contract under the Federal | 20 | | Acquisition Regulations that a non-federal entity receives | 21 | | directly from a federal awarding agency or indirectly from | 22 | | a pass-through entity; or | 23 | | (3) the instrument setting forth the terms and | 24 | | conditions when the instrument is the grant agreement, | 25 | | cooperative agreement, other agreement for assistance | 26 | | covered in paragraph (b) of 20 CFR 200.40, or the |
| | | SB2540 Enrolled | - 10 - | LRB100 15500 RJF 30524 b |
|
| 1 | | cost-reimbursement contract awarded under the Federal | 2 | | Acquisition Regulations.
| 3 | | "Federal award" does not include other contracts that a | 4 | | federal agency uses to buy goods or services from a contractor | 5 | | or a contract to operate federal government owned, | 6 | | contractor-operated facilities.
| 7 | | "Federal awarding agency" means the federal agency that | 8 | | provides a federal award directly to a non-federal entity.
| 9 | | "Federal interest" means, for purposes of 2 CFR 200.329 or | 10 | | when used in connection with the acquisition or improvement of | 11 | | real property, equipment, or supplies under a federal award, | 12 | | the dollar amount that is the product of the
federal share of | 13 | | total project costs and
current fair market value of the | 14 | | property, improvements, or both, to the extent the costs of | 15 | | acquiring or improving the property were included as project | 16 | | costs. | 17 | | "Federal program" means any of the following:
| 18 | | (1) All federal awards which are assigned a single | 19 | | number in the CFDA.
| 20 | | (2) When no CFDA number is assigned, all federal awards | 21 | | to non-federal entities from the same agency made for the | 22 | | same purpose should be combined and considered one program. | 23 | | (3) Notwithstanding paragraphs (1) and (2) of this | 24 | | definition, a cluster of programs. The types of clusters of | 25 | | programs are: | 26 | | (A) research and development; |
| | | SB2540 Enrolled | - 11 - | LRB100 15500 RJF 30524 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 |
| | | SB2540 Enrolled | - 12 - | LRB100 15500 RJF 30524 b |
|
| 1 | | received as reimbursement for services rendered to | 2 | | individuals.
| 3 | | "Fixed amount awards" means a type of grant agreement under | 4 | | which the awarding agency or pass-through entity provides a | 5 | | specific level of support without regard to actual costs | 6 | | incurred under the award. "Fixed amount awards" reduce some of | 7 | | the administrative burden and record-keeping requirements for | 8 | | both the non-federal entity and awarding agency or pass-through | 9 | | entity. Accountability is based primarily on performance and | 10 | | 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 controlled | 19 | | 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 |
| | | SB2540 Enrolled | - 13 - | LRB100 15500 RJF 30524 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 the | 16 | | United States not recognized as a Foreign Public Entity.
| 17 | | "Generally Accepted Accounting Principles" has the meaning | 18 | | provided in accounting standards issued by the Government | 19 | | Accounting Standards Board and the Financial Accounting | 20 | | Standards Board.
| 21 | | "Generally Accepted Government Auditing Standards" means | 22 | | generally accepted government auditing standards issued by the | 23 | | Comptroller General of the United States that are applicable to | 24 | | financial audits.
| 25 | | "Grant agreement" means a legal instrument of financial | 26 | | assistance between an awarding agency or pass-through entity |
| | | SB2540 Enrolled | - 14 - | LRB100 15500 RJF 30524 b |
|
| 1 | | and a non-federal entity that: | 2 | | (1) is used to enter into a relationship, the principal | 3 | | purpose of which is to transfer anything of value from the | 4 | | awarding agency or pass-through entity to the non-federal | 5 | | entity to carry out a public purpose authorized by law and | 6 | | not to acquire property or services for the awarding agency | 7 | | or pass-through entity's direct benefit or use;
and | 8 | | (2) is distinguished from a cooperative agreement in | 9 | | that it does not provide for substantial involvement | 10 | | between the awarding agency or pass-through entity and the | 11 | | non-federal entity in carrying out the activity | 12 | | contemplated by the award. | 13 | | "Grant agreement" does not include an agreement that | 14 | | provides only
direct cash assistance to an individual, a | 15 | | subsidy, a loan, a loan guarantee, or insurance. | 16 | | "Grant application" means a specified form that is | 17 | | completed by a non-federal entity in connection with a request | 18 | | for a specific funding opportunity or a request for financial | 19 | | support of a project or activity.
| 20 | | "Hospital" means a facility licensed as a hospital under | 21 | | the law of any state or a facility operated as a hospital by | 22 | | the United States, a state, or a subdivision of a state.
| 23 | | "Illinois Debarred and Suspended List" means the list | 24 | | maintained by the Governor's Office of Management and Budget | 25 | | that contains the names of those individuals and entities that | 26 | | are ineligible, either temporarily or permanently, from |
| | | SB2540 Enrolled | - 15 - | LRB100 15500 RJF 30524 b |
|
| 1 | | receiving an award of grant funds from the State.
| 2 | | "Indian tribe" (or "federally recognized Indian tribe") | 3 | | means any Indian tribe, band, nation, or other organized group | 4 | | or community, including any Alaska Native village or regional | 5 | | or village corporation as defined in or established pursuant to | 6 | | the federal Alaska Native Claims Settlement Act (43 U.S.C. | 7 | | 1601, et seq.) that is recognized as eligible for the special | 8 | | programs and services provided by the United States to Indians | 9 | | because of their status as Indians under 25 U.S.C. 450b(e), as | 10 | | set forth in the annually published Bureau of Indian Affairs | 11 | | list of Indian Entities Recognized and Eligible to Receive | 12 | | Services.
| 13 | | "Indirect cost" means those costs incurred for a common or | 14 | | joint purpose benefitting more than one cost objective and not | 15 | | readily assignable to the cost objectives specifically | 16 | | benefitted without effort disproportionate to the results | 17 | | achieved. | 18 | | "Inspector General" means the Office of the Executive | 19 | | Inspector General for Executive branch agencies. | 20 | | "Loan" means a State or federal loan or loan guarantee | 21 | | received or administered by a non-federal entity. "Loan" does | 22 | | not include a "program income" as defined in 2 CFR 200.80.
| 23 | | "Loan guarantee" means any State or federal government | 24 | | guarantee, insurance, or other pledge with respect to the | 25 | | payment of all or a part of the principal or interest on any | 26 | | debt obligation of a non-federal borrower to a non-federal |
| | | SB2540 Enrolled | - 16 - | LRB100 15500 RJF 30524 b |
|
| 1 | | lender, but does not include the insurance of deposits, shares, | 2 | | or other withdrawable accounts in financial institutions. | 3 | | "Local government" has the meaning provided for the term | 4 | | "units of local government" under Section 1 of Article VII of | 5 | | the Illinois Constitution and includes school districts. | 6 | | "Major program" means a federal program determined by the | 7 | | auditor to be a major program in accordance with 2 CFR 200.518 | 8 | | or a program identified as a major program by a federal | 9 | | awarding agency or pass-through entity in accordance with 2 CFR | 10 | | 200.503(e).
| 11 | | "Non-federal entity" means a state, local government, | 12 | | Indian tribe, institution of higher education, or | 13 | | organization, whether nonprofit or for-profit, that carries | 14 | | out a State or federal award as a recipient or subrecipient. | 15 | | "Nonprofit organization" means any corporation, trust, | 16 | | association, cooperative, or other organization, not including | 17 | | institutions of higher education, that:
| 18 | | (1) is operated primarily for scientific, educational, | 19 | | service, charitable, or similar purposes in the public | 20 | | interest;
| 21 | | (2) is not organized primarily for profit; and
| 22 | | (3) uses net proceeds to maintain, improve, or expand | 23 | | the operations of the organization.
| 24 | | "Obligations", when used in connection with a non-federal | 25 | | entity's utilization of funds under an award, means orders | 26 | | placed for property and services, contracts and subawards made, |
| | | SB2540 Enrolled | - 17 - | LRB100 15500 RJF 30524 b |
|
| 1 | | and similar transactions during a given period that require | 2 | | payment by the non-federal entity during the same or a future | 3 | | period.
| 4 | | "Office of Management and Budget" means the Office of | 5 | | Management and Budget of the Executive Office of the President. | 6 | | "Other clusters" has the meaning provided by the federal | 7 | | Office of Management and Budget in the compliance supplement or | 8 | | has the meaning as it is designated by a state for federal | 9 | | awards the state provides to its subrecipients that meet the | 10 | | definition of a cluster of programs. When designating an "other | 11 | | cluster", a state must identify the federal awards included in | 12 | | the cluster and advise the subrecipients of compliance | 13 | | requirements applicable to the cluster. | 14 | | "Oversight agency for audit" means the federal awarding | 15 | | agency that provides the predominant amount of funding directly | 16 | | to a non-federal entity not assigned a cognizant agency for | 17 | | audit. When there is no direct funding, the awarding agency | 18 | | that is the predominant source of pass-through funding must | 19 | | assume the oversight responsibilities. The duties of the | 20 | | oversight agency for audit and the process for any | 21 | | reassignments are described in 2 CFR 200.513(b). | 22 | | "Pass-through entity" means a non-federal entity that | 23 | | provides a subaward to a subrecipient to carry out part of a | 24 | | program.
| 25 | | "Private award" means an award from a person or entity | 26 | | other than a State or federal entity. Private awards are not |
| | | SB2540 Enrolled | - 18 - | LRB100 15500 RJF 30524 b |
|
| 1 | | subject to the provisions of this Act.
| 2 | | "Property" means real property or personal property.
| 3 | | "Project cost" means total allowable costs incurred under | 4 | | an award and all required cost sharing and voluntary committed | 5 | | cost sharing, including third-party contributions.
| 6 | | "Public institutions of higher education" has the meaning | 7 | | provided in Section 1 of the Board of Higher Education Act.
| 8 | | "Recipient" means a non-federal entity that receives an | 9 | | award directly from an awarding agency to carry out an activity | 10 | | under a program. "Recipient" does not include subrecipients. | 11 | | "Research and Development" means all research activities, | 12 | | both basic and applied, and all development activities that are | 13 | | performed by non-federal entities. | 14 | | "Single Audit Act" means the federal Single Audit Act | 15 | | Amendments of 1996 (31 U.S.C. 7501-7507). | 16 | | "State agency" means an Executive branch agency. For | 17 | | purposes of this Act, "State agency" does not include public | 18 | | institutions of higher education. | 19 | | "State award" means the financial assistance that a | 20 | | non-federal entity receives from the State and that is funded | 21 | | with either State funds or federal funds; in the latter case, | 22 | | the State is acting as a pass-through entity. | 23 | | "State awarding agency" means a State agency that provides | 24 | | an award to a non-federal entity. | 25 | | "State grant-making agency" has the same meaning as "State | 26 | | awarding agency". |
| | | SB2540 Enrolled | - 19 - | LRB100 15500 RJF 30524 b |
|
| 1 | | "State interest" means the acquisition or improvement of | 2 | | real property, equipment, or supplies under a State award, the | 3 | | dollar amount that is the product of the State share of the | 4 | | total project costs and current fair market value of the | 5 | | property, improvements, or both, to the extent the costs of | 6 | | acquiring or improving the property were included as project | 7 | | costs. | 8 | | "State program" means any of the following: | 9 | | (1) All State awards which are assigned a single number | 10 | | in the Catalog of State Financial Assistance. | 11 | | (2) When no Catalog of State Financial Assistance | 12 | | number is assigned, all State awards to non-federal | 13 | | entities from the same agency made for the same purpose are | 14 | | considered one program. | 15 | | (3) A cluster of programs as defined in this Section. | 16 | | "State share" means the portion of the total project costs | 17 | | that are paid by State funds. | 18 | | "Stop payment order" means a communication from a State | 19 | | grant-making agency to the Office of the Comptroller, following | 20 | | procedures set out by the Office of the Comptroller, causing | 21 | | the cessation of payments to a recipient or subrecipient as a | 22 | | result of the recipient's or subrecipient's failure to comply | 23 | | with one or more terms of the grant or subaward. | 24 | | "Stop payment procedure" means the procedure created by the | 25 | | Office of the Comptroller which effects a stop payment order | 26 | | and the lifting of a stop payment order upon the request of the |
| | | SB2540 Enrolled | - 20 - | LRB100 15500 RJF 30524 b |
|
| 1 | | State grant-making agency. | 2 | | "Student Financial Aid" means federal awards under those | 3 | | programs of general student assistance, such as those | 4 | | authorized by Title IV of the Higher Education Act of 1965, as | 5 | | amended (20 U.S.C. 1070-1099d), that are administered by the | 6 | | United States Department of Education and similar programs | 7 | | provided by other federal agencies. "Student Financial Aid" | 8 | | does not include federal awards under programs that provide | 9 | | fellowships or similar federal awards to students on a | 10 | | competitive basis or for specified studies or research. | 11 | | "Subaward" means a State or federal award provided by a | 12 | | pass-through entity to a subrecipient for the subrecipient to | 13 | | carry out part of a federal award received by the pass-through | 14 | | entity. "Subaward" does not include payments to a contractor or | 15 | | payments to an individual that is a beneficiary of a federal | 16 | | program. A "subaward" may be provided through any form of legal | 17 | | agreement, including an agreement that the pass-through entity | 18 | | considers a contract.
| 19 | | "Subrecipient" means a non-federal entity that receives a | 20 | | State or federal subaward from a pass-through entity to carry | 21 | | out part of a federal program. "Subrecipient" does not include | 22 | | an individual that is a beneficiary of such program. A | 23 | | "subrecipient" may also be a recipient of other State or | 24 | | federal awards directly from a State or federal awarding | 25 | | agency.
| 26 | | "Suspension" means a post-award action by the State or |
| | | SB2540 Enrolled | - 21 - | LRB100 15500 RJF 30524 b |
|
| 1 | | federal agency or pass-through entity that temporarily | 2 | | withdraws the State or federal agency's or pass-through | 3 | | entity's financial assistance sponsorship under an award, | 4 | | pending corrective action by the recipient or subrecipient or | 5 | | pending a decision to terminate the award.
| 6 | | "Uniform Administrative Requirements, Costs Principles, | 7 | | and Audit Requirements for Federal Awards" means those rules | 8 | | applicable to grants contained in 2 CFR 200. | 9 | | "Voluntary committed cost sharing" means cost sharing | 10 | | specifically pledged on a voluntary basis in the proposal's | 11 | | budget or the award on the part of the non-federal entity and | 12 | | that becomes a binding requirement of the award.
| 13 | | (Source: P.A. 98-706, eff. 7-16-14 .) | 14 | | (30 ILCS 708/25) | 15 | | (Section scheduled to be repealed on July 16, 2020)
| 16 | | Sec. 25. Supplemental rules. On or before July 1, 2017, the | 17 | | Governor's Office of Management and Budget, with the advice and | 18 | | technical assistance of the Illinois Single Audit Commission, | 19 | | shall adopt supplemental rules pertaining to the following: | 20 | | (1) Criteria to define mandatory formula-based grants | 21 | | and discretionary grants.
| 22 | | (2) The award of one-year grants for new applicants.
| 23 | | (3) The award of competitive grants in 3-year terms | 24 | | (one-year initial terms with the option to renew for up to | 25 | | 2 additional years) to coincide with the federal award.
|
| | | SB2540 Enrolled | - 22 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (4) The issuance of grants, including:
| 2 | | (A) public notice of announcements of funding | 3 | | opportunities; | 4 | | (B) the development of uniform grant applications;
| 5 | | (C) State agency review of merit of proposals and | 6 | | risk posed by applicants;
| 7 | | (D) specific conditions for individual recipients | 8 | | (requiring the use of a fiscal agent and additional | 9 | | corrective conditions);
| 10 | | (E) certifications and representations;
| 11 | | (F) pre-award costs;
| 12 | | (G) performance measures and statewide prioritized | 13 | | goals under Section 50-25 of the State Budget Law of | 14 | | the Civil Administrative Code of Illinois, commonly | 15 | | referred to as "Budgeting for Results"; and
| 16 | | (H) for mandatory formula grants, the merit of the | 17 | | proposal and the risk posed should result in additional | 18 | | reporting, monitoring, or measures such as | 19 | | reimbursement-basis only.
| 20 | | (5) The development of uniform budget requirements, | 21 | | which shall include:
| 22 | | (A) mandatory submission of budgets as part of the | 23 | | grant application process;
| 24 | | (B) mandatory requirements regarding contents of | 25 | | the budget including, at a minimum, common detail line | 26 | | items specified under guidelines issued by the |
| | | SB2540 Enrolled | - 23 - | LRB100 15500 RJF 30524 b |
|
| 1 | | Governor's Office of Management and Budget; | 2 | | (C) a requirement that the budget allow | 3 | | flexibility to add lines describing costs that are | 4 | | common for the services provided as outlined in the | 5 | | grant application; | 6 | | (D) a requirement that the budget include | 7 | | information necessary for analyzing cost and | 8 | | performance for use in Budgeting for Results; and | 9 | | (E) caps on the amount of salaries that may be | 10 | | charged to grants based on the limitations imposed by | 11 | | federal agencies. | 12 | | (6) The development of pre-qualification requirements | 13 | | for applicants, including the fiscal condition of the | 14 | | organization and the provision of the following | 15 | | information:
| 16 | | (A) organization name;
| 17 | | (B) Federal Employee Identification Number;
| 18 | | (C) Data Universal Numbering System (DUNS) number;
| 19 | | (D) fiscal condition;
| 20 | | (E) whether the applicant is in good standing with | 21 | | the Secretary of State;
| 22 | | (F) past performance in administering grants;
| 23 | | (G) whether the applicant is or has ever been on | 24 | | the Debarred and Suspended List maintained by the | 25 | | Governor's Office of Management and Budget;
| 26 | | (H) whether the applicant is or has ever been on |
| | | SB2540 Enrolled | - 24 - | LRB100 15500 RJF 30524 b |
|
| 1 | | the federal Excluded Parties List; and | 2 | | (I) whether the applicant is or has ever been on | 3 | | the Sanctioned Party List maintained by the Illinois | 4 | | Department of Healthcare and Family Services.
| 5 | | Nothing in this Act affects the provisions of the Fiscal | 6 | | Control and Internal Auditing Act nor the requirement that the | 7 | | management of each State agency is responsible for maintaining | 8 | | effective internal controls under that Act. | 9 | | For public institutions of higher education, the | 10 | | provisions of this Section apply only to awards funded by State | 11 | | appropriations and federal pass-through awards from a State | 12 | | agency to public institutions of higher education.
| 13 | | (Source: P.A. 98-706, eff. 7-16-14; 99-523, eff. 6-30-16.) | 14 | | (30 ILCS 708/50) | 15 | | (Section scheduled to be repealed on July 16, 2020)
| 16 | | Sec. 50. State grant-making agency responsibilities. | 17 | | (a) The specific requirements and responsibilities of | 18 | | State grant-making agencies and non-federal entities are set | 19 | | forth in this Act. State agencies making State awards to | 20 | | non-federal entities must adopt by rule the language in 2 CFR | 21 | | 200, Subpart C through Subpart F unless different provisions | 22 | | are required by law. | 23 | | (b) Each State grant-making agency shall appoint a Chief | 24 | | Accountability Officer who shall serve as a liaison to the | 25 | | Grant Accountability and Transparency Unit and who shall be |
| | | SB2540 Enrolled | - 25 - | LRB100 15500 RJF 30524 b |
|
| 1 | | responsible for the State agency's implementation of and | 2 | | compliance with the rules. | 3 | | (c) In order to effectively measure the performance of its | 4 | | recipients and subrecipients, each State grant-making agency | 5 | | shall:
| 6 | | (1) require its recipients and subrecipients to relate | 7 | | financial data to performance accomplishments of the award | 8 | | and, when applicable, must require recipients and | 9 | | subrecipients to provide cost information to demonstrate | 10 | | cost-effective practices. The
recipient's and | 11 | | subrecipient's performance should be measured in a way that | 12 | | will help the State agency to improve program outcomes, | 13 | | share lessons learned, and spread the adoption of promising | 14 | | practices; and
| 15 | | (2) provide recipients and subrecipients with clear | 16 | | performance goals, indicators, and milestones and must | 17 | | establish performance reporting frequency and content to | 18 | | not only allow the State agency to understand the | 19 | | recipient's progress, but also to facilitate
| 20 | | identification of promising practices among recipients and | 21 | | subrecipients and build the evidence upon which the State | 22 | | agency's program and performance decisions are made.
| 23 | | (c-5) Each State grant-making agency shall, when it is in | 24 | | the best interests of the State, request that the Office of the | 25 | | Comptroller issue a stop payment order in accordance with | 26 | | Section 105 of this Act. |
| | | SB2540 Enrolled | - 26 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (c-6) Upon notification by the Grant Transparency and | 2 | | Accountability Unit that a stop payment order has been | 3 | | requested by a State grant-making agency, each State | 4 | | grant-making agency who has issued a grant to that recipient or | 5 | | subrecipient shall determine if it remains in the best | 6 | | interests of the State to continue to issue payments to the | 7 | | recipient or subrecipient. | 8 | | (d) The Governor's Office of Management and Budget shall | 9 | | provide such advice and technical assistance to the State | 10 | | grant-making agencies as is necessary or indicated in order to | 11 | | ensure compliance with this Act.
| 12 | | (e) In accordance with this Act and the Illinois State | 13 | | Collection Act of 1986, refunds required under the Grant Funds | 14 | | Recovery Act may be referred to the Comptroller's offset | 15 | | system. | 16 | | (Source: P.A. 98-706, eff. 7-16-14 .) | 17 | | (30 ILCS 708/55) | 18 | | (Section scheduled to be repealed on July 16, 2020)
| 19 | | Sec. 55. The Governor's Office of Management and Budget | 20 | | responsibilities.
| 21 | | (a) The Governor's Office of Management and Budget shall: | 22 | | (1) provide technical assistance and interpretations | 23 | | of policy requirements in order to ensure effective and | 24 | | efficient implementation of this Act by State grant-making | 25 | | agencies; and |
| | | SB2540 Enrolled | - 27 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (2) have authority to approve any exceptions to the | 2 | | requirements of this Act and shall adopt rules governing | 3 | | the criteria to be considered when an exception is | 4 | | requested; exceptions shall only be made in particular | 5 | | cases where adequate justification is presented. | 6 | | (b) The Governor's Office of Management and Budget shall, | 7 | | on or before July 1, 2016, establish a centralized unit within | 8 | | the Governor's Office of Management and Budget. The centralized | 9 | | unit shall be known as the Grant Accountability and | 10 | | Transparency Unit and shall be funded with a portion of the | 11 | | administrative funds provided under existing and future State | 12 | | and federal pass-through grants.
The amounts charged will be | 13 | | allocated based on the actual cost of the services provided to | 14 | | State grant-making agencies and public institutions of higher | 15 | | education in accordance with the applicable federal cost | 16 | | principles contained in 2 CFR 200 and this Act will not cause | 17 | | the reduction in the amount of any State or federal grant | 18 | | awards that have been or will be directed towards State | 19 | | agencies or public institutions of higher education.
| 20 | | (c) The Governor's Office of Management and Budget, in | 21 | | conjunction with the Illinois Single Audit Commission, shall | 22 | | research and provide recommendations to the General Assembly | 23 | | regarding the adoption of legislation in accordance with the | 24 | | federal Improper Payments Elimination and Recovery Improvement | 25 | | Act of 2012. The recommendations shall be included in the | 26 | | Annual Report of the Commission to be submitted to the General |
| | | SB2540 Enrolled | - 28 - | LRB100 15500 RJF 30524 b |
|
| 1 | | Assembly on January 1, 2020. The report to the General Assembly | 2 | | shall be filed with the Clerk of the House of Representatives | 3 | | and the Secretary of the Senate in electronic form only, in the | 4 | | manner that the Clerk and the Secretary shall direct. This | 5 | | subsection (c) is inoperative on and after January 1, 2021. | 6 | | (Source: P.A. 98-706, eff. 7-16-14; 99-523, eff. 6-30-16.) | 7 | | (30 ILCS 708/95) | 8 | | (Section scheduled to be repealed on July 16, 2020)
| 9 | | Sec. 95. Annual report. Effective January 1, 2016 and each | 10 | | January 1 thereafter, the Governor's Office of Management and | 11 | | Budget, in conjunction with the Illinois Single Audit | 12 | | Commission, shall submit to the Governor and the General | 13 | | Assembly a report that demonstrates the efficiencies, cost | 14 | | savings, and reductions in fraud, waste, and abuse as a result | 15 | | of the implementation of this Act and the rules adopted by the | 16 | | Governor's Office of Management and Budget in accordance with | 17 | | the provisions of this Act. The report shall include, but not | 18 | | be limited to:
| 19 | | (1) the number of entities placed on the Illinois | 20 | | Debarred and Suspended List;
| 21 | | (2) any savings realized as a result of the | 22 | | implementation of this Act;
| 23 | | (3) any reduction in the number of duplicative audit | 24 | | report reviews audits ;
| 25 | | (4) the number of persons trained to assist grantees |
| | | SB2540 Enrolled | - 29 - | LRB100 15500 RJF 30524 b |
|
| 1 | | and subrecipients; and
| 2 | | (5) the number of grantees and subrecipients to whom a | 3 | | fiscal agent was assigned.
| 4 | | (Source: P.A. 98-706, eff. 7-16-14 .) | 5 | | (30 ILCS 708/105 new) | 6 | | Sec. 105. Stop payment procedures. | 7 | | (a) On or before July 1, 2019, the Governor's Office of | 8 | | Management and Budget shall adopt rules pertaining to the | 9 | | following: | 10 | | (1) factors to be considered in determining whether to | 11 | | issue a stop payment order shall include whether or not a | 12 | | stop payment order is in the best interests of the State; | 13 | | (2) factors to be considered in determining whether a | 14 | | stop payment order should be lifted; and | 15 | | (3) procedures for notification to the recipient or | 16 | | subrecipient of the issuance of a stop payment order, the | 17 | | lifting of a stop payment order, and any other related | 18 | | information. | 19 | | (b) On or before December 31, 2019, the Governor's Office | 20 | | of Management and Budget shall, in conjunction with State | 21 | | grant-making agencies, adopt rules pertaining to the | 22 | | following: | 23 | | (1) policies regarding the issuance of stop payment | 24 | | orders; | 25 | | (2) policies regarding the lifting of stop payment |
| | | SB2540 Enrolled | - 30 - | LRB100 15500 RJF 30524 b |
|
| 1 | | orders; | 2 | | (3) policies regarding corrective actions required of | 3 | | recipients and subrecipients in the event a stop payment | 4 | | order is issued; and | 5 | | (4) policies regarding the coordination of | 6 | | communications between the Office of the Comptroller and | 7 | | State grant-making agencies regarding the issuance of stop | 8 | | payment orders and the lifting of such orders. | 9 | | (c) On or before July 1, 2020, the Office of the | 10 | | Comptroller shall establish stop payment procedures that shall | 11 | | cause the cessation of payments to a recipient or subrecipient. | 12 | | Such a temporary or permanent cessation of payments will occur | 13 | | pursuant to a stop payment order requested by a State | 14 | | grant-making agency and implemented by the Office of the | 15 | | Comptroller. | 16 | | (d) The State grant-making agency shall maintain a file | 17 | | pertaining to all stop payment orders which shall include, at a | 18 | | minimum: | 19 | | (1) The notice to the recipient or subrecipient that a | 20 | | stop payment order has been issued. The notice shall | 21 | | include: | 22 | | (A) The name of the grant. | 23 | | (B) The grant number. | 24 | | (C) The name of the State agency that issued the | 25 | | grant. | 26 | | (D) The reasons for the stop payment order. |
| | | SB2540 Enrolled | - 31 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (E) Any other relevant information. | 2 | | (2) The order lifting the stop payment order, if | 3 | | applicable. | 4 | | (e) The Grant Accountability and Transparency Unit shall | 5 | | determine and disseminate factors that State agencies shall | 6 | | consider when determining whether it is in the best interests | 7 | | of the State to permanently or temporarily cease payments to a | 8 | | recipient or subrecipient who has had a stop payment order | 9 | | requested by another State agency. | 10 | | (f) The Office of the Comptroller and the Governor's Office | 11 | | of Management and Budget grant systems shall determine if the | 12 | | recipient or subrecipient has received grants from other State | 13 | | grant-making agencies. | 14 | | (g) Upon notice from the Office of the Comptroller, the | 15 | | Grant Accountability and Transparency Unit shall notify all | 16 | | State grant-making agencies who have issued grants to a | 17 | | recipient or subrecipient whose payments have been subject to a | 18 | | stop payment order that a stop payment order has been requested | 19 | | by another State grant-making agency. | 20 | | (h) Upon notice from the Grant Accountability and | 21 | | Transparency Unit, each State grant-making agency who has | 22 | | issued a grant to a recipient or subrecipient whose payments | 23 | | have been subject to a stop payment order shall review and | 24 | | assess all grants issued to that recipient or subrecipient. | 25 | | State agencies shall use factors provided by the Governor's | 26 | | Office of Management and Budget or the Grant Accountability and |
| | | SB2540 Enrolled | - 32 - | LRB100 15500 RJF 30524 b |
|
| 1 | | Transparency Unit to determine whether it is the best interests | 2 | | of the State to request a stop payment order. | 3 | | (30 ILCS 708/110 new) | 4 | | Sec. 110. Documentation of award decisions. Each award that | 5 | | is granted pursuant to an application process must include | 6 | | documentation to support the award. | 7 | | (a) For each State or federal pass-through award that is | 8 | | granted following an application process, the State | 9 | | grant-making agency shall create a grant award file. The grant | 10 | | award file shall contain, at a minimum: | 11 | | (1) A description of the grant. | 12 | | (2) The Notice of Opportunity, if applicable. | 13 | | (3) All applications received in response to the Notice | 14 | | of Opportunity, if applicable. | 15 | | (4) Copies of any written communications between an | 16 | | applicant and the State grant-making agency, if | 17 | | applicable. | 18 | | (5) The criteria used to evaluate the applications, if | 19 | | applicable. | 20 | | (6) The scores assigned to each applicant according to | 21 | | the criteria, if applicable. | 22 | | (7) A written determination, signed by an authorized | 23 | | representative of the State grant-making agency, setting | 24 | | forth the reason for the grant award decision, if | 25 | | applicable. |
| | | SB2540 Enrolled | - 33 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (8) The Notice of Award. | 2 | | (9) Any other pre-award documents. | 3 | | (10) The grant agreement and any renewals, if | 4 | | applicable; | 5 | | (11) All post-award, administration, and close-out | 6 | | documents relating to the grant. | 7 | | (12) Any other information relevant to the grant award. | 8 | | (b) The grant file shall not include trade secrets or other | 9 | | competitively sensitive, confidential, or proprietary | 10 | | information. | 11 | | (c) Each grant file shall be maintained by the State | 12 | | grant-making agency and, subject to the provisions of the | 13 | | Freedom of Information Act, shall be available for public | 14 | | inspection and copying within 7 calendar days following award | 15 | | of the grant. | 16 | | (30 ILCS 708/115 new) | 17 | | Sec. 115. Certifications and representations. Unless | 18 | | prohibited by State or federal statute, regulation, or | 19 | | administrative rule, each State awarding agency or | 20 | | pass-through entity is authorized to require the recipient or | 21 | | subrecipient to submit certifications and representations | 22 | | required by State or federal statute, regulation, or | 23 | | administrative rule. | 24 | | (30 ILCS 708/120 new) |
| | | SB2540 Enrolled | - 34 - | LRB100 15500 RJF 30524 b |
|
| 1 | | Sec. 120. Required certifications. To assure that | 2 | | expenditures are proper and in accordance with the terms and | 3 | | conditions of the grant award and approved project budgets, all | 4 | | periodic and final financial reports, and all payment requests | 5 | | under the grant agreement, must include a certification, signed | 6 | | by an official who is authorized to legally bind the grantee or | 7 | | subrecipient, that reads as follows: | 8 | | "By signing this report and/or payment request, I | 9 | | certify to the best of my knowledge and belief that this | 10 | | report is true, complete, and accurate; that the | 11 | | expenditures, disbursements, and cash receipts are for the | 12 | | purposes and objectives set forth in the terms and | 13 | | conditions of the State or federal pass-through award; and | 14 | | that supporting documentation has been submitted as | 15 | | required by the grant agreement. I acknowledge that | 16 | | approval for any item or expenditure described herein shall | 17 | | be considered conditional subject to further review and | 18 | | verification in accordance with the monitoring and records | 19 | | retention provisions of the grant agreement. I am aware | 20 | | that any false, fictitious, or fraudulent information, or | 21 | | the omission of any material fact, may subject me to | 22 | | criminal, civil or administrative penalties for fraud, | 23 | | false statements, false claims or otherwise. (18 U.S.C. | 24 | | §1001; 31 U.S.C. §§3729-3730 and §§3801-3812; 30 ILCS 708/ | 25 | | 120.)" |
| | | SB2540 Enrolled | - 35 - | LRB100 15500 RJF 30524 b |
|
| 1 | | (30 ILCS 708/125 new) | 2 | | Sec. 125. Expenditures prior to grant execution; reporting | 3 | | requirements. | 4 | | (a) In the event that a recipient or subrecipient incurs | 5 | | expenses related to the grant award prior to the execution of | 6 | | the grant agreement but within the term of the grant, and the | 7 | | grant agreement is executed more than 30 days after the | 8 | | effective date of the grant, the recipient or subrecipient must | 9 | | submit to the State grant-making agency a report that accounts | 10 | | for eligible grant expenditures and project activities from the | 11 | | effective date of the grant up to and including the date of | 12 | | execution of the grant agreement. | 13 | | (b) The recipient or subrecipient must submit the report to | 14 | | the State grant-making agency within 30 days of execution of | 15 | | the grant agreement. | 16 | | (c) Only those expenses that are reasonable, allowable, and | 17 | | in furtherance of the purpose of the grant award shall be | 18 | | reimbursed. | 19 | | (d) The State grant-making agency must approve the report | 20 | | prior to issuing any payment to the recipient or subrecipient. | 21 | | (30 ILCS 708/130 new) | 22 | | Sec. 130. Travel costs. | 23 | | (a) General. Travel costs are the expenses for | 24 | | transportation, lodging, subsistence, and related items | 25 | | incurred by the employees of the recipient or subrecipient who |
| | | SB2540 Enrolled | - 36 - | LRB100 15500 RJF 30524 b |
|
| 1 | | are in travel status on official business of the recipient or | 2 | | subrecipient. Such costs may only be charged to a State or | 3 | | federal pass-through grant based on an adopted policy by the | 4 | | recipient's or subrecipient's governing board. Absent a | 5 | | policy, the recipient or subrecipient must follow the rules of | 6 | | the Governor's Travel Control Board or the Higher Education | 7 | | Travel Control Board, whichever the granting agency follows. No | 8 | | policy can exceed federal travel regulations. | 9 | | (b) Lodging and subsistence. Costs incurred for travel, | 10 | | including costs of lodging, other subsistence, and incidental | 11 | | expenses, must be considered reasonable and otherwise | 12 | | allowable only to the extent such costs do not exceed charges | 13 | | normally allowed by the Governor's Travel Control Board or the | 14 | | Higher Education Travel Control Board, whichever is the | 15 | | appropriate travel board. If the recipient or subrecipient does | 16 | | not have an adopted travel policy, the recipient or | 17 | | subrecipient must follow the rules of the Governor's Travel | 18 | | Control Board or the Higher Education Travel Control Board, | 19 | | whichever the granting agency follows. No policy can exceed | 20 | | federal travel regulations. | 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 |
| | | SB2540 Enrolled | - 37 - | LRB100 15500 RJF 30524 b |
|
| 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. | 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
|