Bill Amendment: IL HB0817 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE GOVERNMENT-TECH

Status: 2025-01-07 - Passed Both Houses [HB0817 Detail]

Download: Illinois-2023-HB0817-Senate_Amendment_003.html

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Sen. Michael W. Halpin

Filed: 1/6/2025

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AMENDMENT TO HOUSE BILL 817
AMENDMENT NO. ______. Amend House Bill 817 by replacing
everything after the enacting clause with the following:
"Section 5. The State Treasurer Act is amended by changing
Section 35 as follows:
(15 ILCS 505/35)
Sec. 35. State Treasurer may purchase real property.
(a) Subject to the provisions of the Public Contract Fraud
Act, the State Treasurer, on behalf of the State of Illinois,
is authorized during State fiscal years 2019 and 2020 to
acquire real property located in the City of Springfield,
Illinois which the State Treasurer deems necessary to properly
carry out the powers and duties vested in him or her. Real
property acquired under this Section may be acquired subject
to any third party interests in the property that do not
prevent the State Treasurer from exercising the intended

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beneficial use of such property.
(a-5) To ensure the safe and optimal operation of any real
property acquired under subsection (a) and any improvements
made to that real property, the State Treasurer, or the
Department of Natural Resources on the State Treasurer's
behalf, may acquire, at any time, any interest in any other
real property, and the State Treasurer may make improvements
and repairs on any property acquired under subsection (a) and
this subsection.
(b) Subject to the provisions of the Treasurer's
Procurement Rules, which shall be substantially in accordance
with the requirements of the Illinois Procurement Code, the
State Treasurer may:
(1) enter into contracts relating to construction,
reconstruction or renovation projects for any such
buildings or lands acquired pursuant to subsections
subsection (a) and (a-5); and
(2) equip, lease, operate and maintain those grounds,
buildings and facilities as may be appropriate to carry
out his or her statutory purposes and duties.
(c) The State Treasurer may enter into agreements with any
person with respect to the use and occupancy of the grounds,
buildings, and facilities of the State Treasurer, including
concession, license, and lease agreements on terms and
conditions as the State Treasurer determines and in accordance
with the procurement processes for the Office of the State

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Treasurer, which shall be substantially in accordance with the
requirements of the Illinois Procurement Code.
(d) The exercise of the authority vested in the Treasurer
by this Section is subject to the appropriation of the
necessary funds.
(e) State Treasurer's Capital Fund.
(1) The State Treasurer's Capital Fund is created as a
trust fund in the State treasury. Moneys in the Fund shall
be utilized by the State Treasurer in the exercise of the
authority vested in the Treasurer by subsection (b) of
this Section. All interest earned by the investment or
deposit of moneys accumulated in the Fund shall be
deposited into the Fund.
(2) Moneys in the State Treasurer's Capital Fund are
subject to appropriation by the General Assembly.
(3) The State Treasurer may transfer amounts from the
State Treasurer's Administrative Fund and from the
Unclaimed Property Trust Fund to the State Treasurer's
Capital Fund. In no fiscal year may the total of such
transfers exceed $500,000 or the amount appropriated by
the General Assembly in a fiscal year for that purpose,
whichever is greater $250,000. The State Treasurer may
accept gifts, grants, donations, federal funds, or other
revenues or transfers for deposit into the State
Treasurer's Capital Fund.
(4) After the effective date of this amendatory Act of

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the 102nd General Assembly and prior to July 1, 2022 the
State Treasurer and State Comptroller shall transfer from
the CDB Special Projects Fund to the State Treasurer's
Capital Fund an amount equal to the unexpended balance of
funds transferred by the State Treasurer to the CDB
Special Projects Fund in 2019 and 2020 pursuant to an
intergovernmental agreement between the State Treasurer
and the Capital Development Board.
(Source: P.A. 101-487, eff. 8-23-19; 102-16, eff. 6-17-21;
102-558, eff. 8-20-21.)
Section 10. The Grant Accountability and Transparency Act
is amended by changing Sections 10, 15, 25, 30, 50, 60, 65, and
97 as follows:
(30 ILCS 708/10)
Sec. 10. Purpose. The purpose of this Act is to establish
uniform administrative requirements, cost principles, and
audit requirements for State and federal pass-through awards
to non-federal entities. State awarding agencies shall not
impose additional or inconsistent requirements, except as
provided in 2 CFR Part 200, Subpart B - General Provisions 2
CFR 200.102, unless specifically required by State or federal
statute. This Act and the rules adopted under this Act do not
apply to private awards.
This Act and the rules adopted under this Act provide the

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basis for a systematic and periodic collection and uniform
submission to the Governor's Office of Management and Budget
of information of all State and federal financial assistance
programs by State grant-making agencies. This Act also
establishes policies related to the delivery of this
information to the public, including through the use of
electronic media.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/15)
Sec. 15. Definitions. As used in this Act:
"Allowable cost" means a cost allowable to a project if:
(1) the costs are reasonable and necessary for the
performance of the award;
(2) the costs are allocable to the specific project;
(3) the costs are treated consistently in like
circumstances to both federally-financed and other
activities of the non-federal entity;
(4) the costs conform to any limitations of the cost
principles or the sponsored agreement;
(5) the costs are accorded consistent treatment; a
cost may not be assigned to a State or federal award as a
direct cost if any other cost incurred for the same
purpose in like circumstances has been allocated to the
award as an indirect cost;
(6) the costs are determined to be in accordance with

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generally accepted accounting principles;
(7) the costs are not included as a cost or used to
meet federal cost-sharing or matching requirements of any
other program in either the current or prior period;
(8) the costs of one State or federal grant are not
used to meet the match requirements of another State or
federal grant; and
(9) the costs are adequately documented.
"Assistance listings" means the publicly available listing
of federal assistance programs managed and administered by the
General Services Administration, formerly known as the Catalog
of Federal Domestic Assistance (CFDA).
"Assistance listing number" or "ALN" means a unique number
assigned to identify a federal assistance listing, formerly
known as the CFDA Number.
"Auditee" means any non-federal entity that expends State
or federal awards that must be audited.
"Auditor" means an auditor who is a public accountant or a
federal, State, or local government audit organization that
meets the general standards specified in generally-accepted
government auditing standards. "Auditor" does not include
internal auditors of nonprofit organizations.
"Auditor General" means the Auditor General of the State
of Illinois.
"Award" means financial assistance that provides support
or stimulation to accomplish a public purpose. "Awards"

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include grants and other agreements in the form of money, or
property in lieu of money, by the State or federal government
to an eligible recipient. "Award" does not include: technical
assistance that provides services instead of money; other
assistance in the form of loans, loan guarantees, interest
subsidies, or insurance; direct payments of any kind to
individuals; or contracts that must be entered into and
administered under State or federal procurement laws and
regulations.
"Budget" means the financial plan for the project or
program that the awarding agency or pass-through entity
approves during the award process or in subsequent amendments
to the award. It may include the State or federal and
non-federal share or only the State or federal share, as
determined by the awarding agency or pass-through entity.
"Catalog of Federal Domestic Assistance" or "CFDA" means a
database that helps the federal government track all programs
it has domestically funded.
"Catalog of Federal Domestic Assistance number" or "CFDA
number" means the number assigned to a federal program in the
CFDA.
"Catalog of State Financial Assistance" means the single,
authoritative, statewide, comprehensive source document of
State financial assistance program information maintained by
the Governor's Office of Management and Budget.
"Catalog of State Financial Assistance Number" means the

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number assigned to a State program in the Catalog of State
Financial Assistance. The first 3 digits represent the State
agency number and the last 4 digits represent the program.
"Cluster of programs" means a grouping of closely related
programs that share common compliance requirements. The types
of clusters of programs are research and development, student
financial aid, and other clusters. A "cluster of programs"
shall be considered as one program for determining major
programs and, with the exception of research and development,
whether a program-specific audit may be elected.
"Cognizant agency for audit" means the federal agency
designated to carry out the responsibilities described in 2
CFR Part 200, Subpart F - Audit Requirements 2 CFR 200.513(a).
"Contract" means a legal instrument by which a non-federal
entity purchases property or services needed to carry out the
project or program under an award. "Contract" does not include
a legal instrument, even if the non-federal entity considers
it a contract, when the substance of the transaction meets the
definition of an award or subaward.
"Contractor" means an entity that receives a contract.
"Cooperative agreement" means a legal instrument of
financial assistance between an awarding agency or
pass-through entity and a non-federal entity that:
(1) is used to enter into a relationship with the
principal purpose of transferring anything of value from
the awarding agency or pass-through entity to the

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non-federal entity to carry out a public purpose
authorized by law, but is not used to acquire property or
services for the awarding agency's or pass-through
entity's direct benefit or use; and
(2) is distinguished from a grant in that it provides
for substantial involvement between the awarding agency or
pass-through entity and the non-federal entity in carrying
out the activity contemplated by the award.
"Cooperative agreement" does not include a cooperative
research and development agreement, nor an agreement that
provides only direct cash assistance to an individual, a
subsidy, a loan, a loan guarantee, or insurance.
"Corrective action" means action taken by the auditee that
(i) corrects identified deficiencies, (ii) produces
recommended improvements, or (iii) demonstrates that audit
findings are either invalid or do not warrant auditee action.
"Cost objective" means a program, function, activity,
award, organizational subdivision, contract, or work unit for
which cost data is desired and for which provision is made to
accumulate and measure the cost of processes, products, jobs,
and capital projects. A "cost objective" may be a major
function of the non-federal entity, a particular service or
project, an award, or an indirect cost activity.
"Cost sharing" means the portion of project costs not paid
by State or federal funds, unless otherwise authorized by
statute.

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"Development" is the systematic use of knowledge and
understanding gained from research directed toward the
production of useful materials, devices, systems, or methods,
including design and development of prototypes and processes.
"Data Universal Numbering System number" means the 9-digit
number established and assigned by Dun and Bradstreet, Inc. to
uniquely identify entities and, under federal law, is required
for non-federal entities to apply for, receive, and report on
a federal award.
"Direct costs" means:
(1) costs that can be identified specifically with a
particular final cost objective, such as a State or
federal or federal pass-through award or a particular
sponsored project, an instructional activity, or any other
institutional activity, or that can be directly assigned
to such activities relatively easily with a high degree of
accuracy; .
(2) costs charged directly to a State or federal award
that are for the compensation of employees who work on
that award, their related fringe benefits, or the costs of
materials and other items of expense incurred for the
State or federal award;
(3) costs that are directly related to a specific
award but that would otherwise be treated as indirect
costs;
(4) salaries of administrative and clerical staff only

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if all the following conditions are met:
(A) the individual's services are integral to a
project or activity;
(B) the individual can be specifically identified
with the project or activity;
(C) the costs are explicitly included in the
budget or have the prior written approval of the State
awarding agency; and
(D) the costs are not also recovered as indirect
costs.
Costs incurred for the same purpose in like circumstances
must be treated consistently as either direct costs or
indirect costs.
"Equipment" means tangible personal property (including
information technology systems) having a useful life of more
than one year and a per-unit acquisition cost that equals or
exceeds the lesser of the capitalization level established by
the non-federal entity for financial statement purposes, or
$5,000.
"Executive branch" means that branch of State government
that is under the jurisdiction of the Governor.
"Federal agency" has the meaning provided for "agency"
under 5 U.S.C. 551(1) together with the meaning provided for
"agency" by 5 U.S.C. 552(f).
"Federal award" means:
(1) the federal financial assistance that a

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non-federal entity receives directly from a federal
awarding agency or indirectly from a pass-through entity;
(2) the cost-reimbursement contract under the Federal
Acquisition Regulations that a non-federal entity receives
directly from a federal awarding agency or indirectly from
a pass-through entity; or
(3) the instrument setting forth the terms and
conditions when the instrument is the grant agreement,
cooperative agreement, other agreement for assistance
covered in 2 CFR Part 200, Subpart A 2 CFR 200, Subpart A,
Acronyms and Definitions, or the cost-reimbursement
contract awarded under the Federal Acquisition
Regulations.
"Federal award" does not include other contracts that a
federal agency uses to buy goods or services from a contractor
or a contract to operate federal government owned,
contractor-operated facilities.
"Federal awarding agency" means the federal agency that
provides a federal award directly to a non-federal entity.
"Federal interest" means, for purposes of 2 CFR 200,
Subpart D, Post Federal Award Requirements (Performance and
Financial Monitoring and Reporting) or when used in connection
with the acquisition or improvement of real property,
equipment, or supplies under a federal award, the dollar
amount that is the product of the federal share of total
project costs and current fair market value of the property,

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improvements, or both, to the extent the costs of acquiring or
improving the property were included as project costs.
"Federal program" means any of the following:
(1) All federal awards which are assigned a single
number in the assistance listings CFDA.
(2) When no assistance listing CFDA number is
assigned, all federal awards to non-federal entities from
the same agency made for the same purpose should be
combined and considered one program.
(3) Notwithstanding paragraphs (1) and (2) of this
definition, a cluster of programs. The types of clusters
of programs are:
(A) research and development;
(B) student financial aid; and
(C) "other clusters", as described in the
definition of "cluster of programs".
"Federal share" means the portion of the total project
costs that are paid by federal funds.
"Final cost objective" means a cost objective which has
allocated to it both direct and indirect costs and, in the
non-federal entity's accumulation system, is one of the final
accumulation points, such as a particular award, internal
project, or other direct activity of a non-federal entity.
"Financial assistance" means the following:
(1) For grants and cooperative agreements, "financial
assistance" means assistance that non-federal entities

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receive or administer in the form of:
(A) grants;
(B) cooperative agreements;
(C) non-cash contributions or donations of
property, including donated surplus property;
(D) direct appropriations;
(E) food commodities; and
(F) other financial assistance, except assistance
listed in paragraph (2) of this definition.
(2) "Financial assistance" includes assistance that
non-federal entities receive or administer in the form of
loans, loan guarantees, interest subsidies, and insurance.
(3) "Financial assistance" does not include amounts
received as reimbursement for services rendered to
individuals.
"Fixed amount awards" means a type of grant agreement
under which the awarding agency or pass-through entity
provides a specific level of support without regard to actual
costs incurred under the award. "Fixed amount awards" reduce
some of the administrative burden and record-keeping
requirements for both the non-federal entity and awarding
agency or pass-through entity. Accountability is based
primarily on performance and results.
"Foreign public entity" means:
(1) a foreign government or foreign governmental
entity;

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(2) a public international organization that is
entitled to enjoy privileges, exemptions, and immunities
as an international organization under the International
Organizations Immunities Act (22 U.S.C. 288-288f);
(3) an entity owned, in whole or in part, or
controlled by a foreign government; or
(4) any other entity consisting wholly or partially of
one or more foreign governments or foreign governmental
entities.
"Foreign organization" means an entity that is:
(1) a public or private organization located in a
country other than the United States and its territories
that are subject to the laws of the country in which it is
located, irrespective of the citizenship of project staff
or place of performance;
(2) a private nongovernmental organization located in
a country other than the United States that solicits and
receives cash contributions from the general public;
(3) a charitable organization located in a country
other than the United States that is nonprofit and tax
exempt under the laws of its country of domicile and
operation, but is not a university, college, accredited
degree-granting institution of education, private
foundation, hospital, organization engaged exclusively in
research or scientific activities, church, synagogue,
mosque, or other similar entity organized primarily for

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religious purposes; or
(4) an organization located in a country other than
the United States not recognized as a Foreign Public
Entity.
"Fringe benefits" has the same meaning as provided in 2
CFR Part 200, Subpart E - Cost Principles.
"Generally Accepted Accounting Principles" has the meaning
provided in accounting standards issued by the Government
Accounting Standards Board and the Financial Accounting
Standards Board.
"Generally Accepted Government Auditing Standards" means
generally accepted government auditing standards issued by the
Comptroller General of the United States that are applicable
to financial audits.
"Grant agreement" means a legal instrument of financial
assistance between an awarding agency or pass-through entity
and a non-federal entity that:
(1) is used to enter into a relationship, the
principal purpose of which is to transfer anything of
value from the awarding agency or pass-through entity to
the non-federal entity to carry out a public purpose
authorized by law and not to acquire property or services
for the awarding agency or pass-through entity's direct
benefit or use; and
(2) is distinguished from a cooperative agreement in
that it does not provide for substantial involvement

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between the awarding agency or pass-through entity and the
non-federal entity in carrying out the activity
contemplated by the award.
"Grant agreement" does not include an agreement that
provides only direct cash assistance to an individual, a
subsidy, a loan, a loan guarantee, or insurance.
"Grant application" means a specified form that is
completed by a non-federal entity in connection with a request
for a specific funding opportunity or a request for financial
support of a project or activity.
"Hospital" means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by
the United States, a state, or a subdivision of a state.
"Illinois Stop Payment List" or "Illinois Debarred and
Suspended List" means the list maintained by the Governor's
Office of Management and Budget that contains the names of
those individuals and entities that are ineligible, either
temporarily or permanently, from receiving an award of grant
funds from the State.
"Indirect cost" means those costs incurred for a common or
joint purpose benefiting benefitting more than one cost
objective and not readily assignable to the cost objectives
specifically benefited benefitted without effort
disproportionate to the results achieved.
"Inspector General" means the Office of the Executive
Inspector General for Executive branch agencies.

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"Loan" means a State or federal loan or loan guarantee
received or administered by a non-federal entity. "Loan" does
not include a "program income" as defined in 2 CFR 200, Subpart
A, Acronyms and Definitions.
"Loan guarantee" means any State or federal government
guarantee, insurance, or other pledge with respect to the
payment of all or a part of the principal or interest on any
debt obligation of a non-federal borrower to a non-federal
lender, but does not include the insurance of deposits,
shares, or other withdrawable accounts in financial
institutions.
"Local government" has the meaning provided for the term
"units of local government" under Section 1 of Article VII of
the Illinois Constitution and includes school districts.
"Major program" means a federal program determined by the
auditor to be a major program in accordance with 2 CFR Part
200, Subpart F - Audit Requirements 2 CFR 200.518 or a program
identified as a major program by a federal awarding agency or
pass-through entity in accordance with 2 CFR Part 200, Subpart
F - Audit Requirements 2 CFR 200.503(e).
"Non-federal entity" means a state, local government,
Indian tribe, institution of higher education, or
organization, whether nonprofit or for-profit, that carries
out a State or federal award as a recipient or subrecipient.
"Nonprofit organization" means any corporation, trust,
association, cooperative, or other organization, not including

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institutions of higher education, that:
(1) is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public
interest;
(2) is not organized primarily for profit; and
(3) uses net proceeds to maintain, improve, or expand
the operations of the organization.
"Obligations", when used in connection with a non-federal
entity's utilization of funds under an award, means orders
placed for property and services, contracts and subawards
made, and similar transactions during a given period that
require payment by the non-federal entity during the same or a
future period.
"Office of Management and Budget" means the Office of
Management and Budget of the Executive Office of the
President.
"Other clusters" has the meaning provided by the federal
Office of Management and Budget in the compliance supplement
or has the meaning as it is designated by a state for federal
awards the state provides to its subrecipients that meet the
definition of a cluster of programs. When designating an
"other cluster", a state must identify the federal awards
included in the cluster and advise the subrecipients of
compliance requirements applicable to the cluster.
"Oversight agency for audit" means the federal awarding
agency that provides the predominant amount of funding

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directly to a non-federal entity not assigned a cognizant
agency for audit. When there is no direct funding, the
awarding agency that is the predominant source of pass-through
funding must assume the oversight responsibilities. The duties
of the oversight agency for audit and the process for any
reassignments are described in 2 CFR Part 200, Subpart F -
Audit Requirements 2 CFR 200.513(b).
"Pass-through entity" means a non-federal entity that
provides a subaward to a subrecipient to carry out part of a
program.
"Private award" means an award from a person or entity
other than a State or federal entity. Private awards are not
subject to the provisions of this Act.
"Property" means real property or personal property.
"Project cost" means total allowable costs incurred under
an award and all required cost sharing and voluntary committed
cost sharing, including third-party contributions.
"Public institutions of higher education" has the meaning
provided in Section 1 of the Board of Higher Education Act.
"Recipient" means a non-federal entity that receives an
award directly from an awarding agency to carry out an
activity under a program. "Recipient" does not include
subrecipients or individuals who are beneficiaries of the
award.
"Research and Development" means all research activities,
both basic and applied, and all development activities that

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are performed by non-federal entities.
"Single Audit Act" means the federal Single Audit Act
Amendments of 1996 (31 U.S.C. 7501-7507).
"State agency" means an Executive branch agency. For
purposes of this Act, "State agency" does not include public
institutions of higher education.
"State award" means the financial assistance that a
non-federal entity receives from the State and that is funded
with either State funds or federal funds; in the latter case,
the State is acting as a pass-through entity.
"State awarding agency" means a State agency that provides
an award to a non-federal entity.
"State grant-making agency" has the same meaning as "State
awarding agency".
"State interest" means the acquisition or improvement of
real property, equipment, or supplies under a State award, the
dollar amount that is the product of the State share of the
total project costs and current fair market value of the
property, improvements, or both, to the extent the costs of
acquiring or improving the property were included as project
costs.
"State program" means any of the following:
(1) All State awards which are assigned a single
number in the Catalog of State Financial Assistance.
(2) When no Catalog of State Financial Assistance
number is assigned, all State awards to non-federal

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entities from the same agency made for the same purpose
are considered one program.
(3) A cluster of programs as defined in this Section.
"State share" means the portion of the total project costs
that are paid by State funds.
"Stop payment order" means a communication from a State
grant-making agency to the Office of the Comptroller,
following procedures set out by the Office of the Comptroller,
causing the cessation of payments to a recipient or
subrecipient as a result of the recipient's or subrecipient's
failure to comply with one or more terms of the grant or
subaward.
"Stop payment procedure" means the procedure created by
the Office of the Comptroller which effects a stop payment
order and the lifting of a stop payment order upon the request
of the State grant-making agency.
"Student Financial Aid" means federal awards under those
programs of general student assistance, such as those
authorized by Title IV of the Higher Education Act of 1965, as
amended (20 U.S.C. 1070-1099d), that are administered by the
United States Department of Education and similar programs
provided by other federal agencies. "Student Financial Aid"
does not include federal awards under programs that provide
fellowships or similar federal awards to students on a
competitive basis or for specified studies or research.
"Subaward" means a State or federal award provided by a

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pass-through entity to a subrecipient for the subrecipient to
carry out part of a federal award received by the pass-through
entity. "Subaward" does not include payments to a contractor
or payments to an individual that is a beneficiary of a federal
program. A "subaward" may be provided through any form of
legal agreement, including an agreement that the pass-through
entity considers a contract.
"Subrecipient" means a non-federal entity that receives a
State or federal subaward from a pass-through entity to carry
out part of a State or federal program. "Subrecipient" does
not include an individual that is a beneficiary of such
program. A "subrecipient" may also be a recipient of other
State or federal awards directly from a State or federal
awarding agency.
"Suspension" means a post-award action by the State or
federal agency or pass-through entity that temporarily
withdraws the State or federal agency's or pass-through
entity's financial assistance sponsorship under an award,
pending corrective action by the recipient or subrecipient or
pending a decision to terminate the award.
"Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards" means those rules
applicable to grants contained in 2 CFR Part 200.
"Unique Entity Identifier" means the number that is
established and assigned by the federal government on the
System for Award Management website (SAM.gov) to uniquely

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identify entities and, under federal law, is required for
nonfederal entities to apply for, receive, and report on a
federal award.
"Voluntary committed cost sharing" means cost sharing
specifically pledged on a voluntary basis in the proposal's
budget or the award on the part of the non-federal entity and
that becomes a binding requirement of the award.
(Source: P.A. 103-616, eff. 7-1-24; revised 10-24-24.)
(30 ILCS 708/25)
Sec. 25. Supplemental rules. On or before July 1, 2017,
the Governor's Office of Management and Budget, with the
advice and technical assistance of the Illinois Single Audit
Commission, shall adopt supplemental rules pertaining to the
following:
(1) Criteria to define mandatory formula-based grants
and discretionary grants.
(2) The award of one-year grants for new applicants.
(3) The award of competitive grants in 3-year terms
(one-year initial terms with the option to renew for up to
2 additional years) to coincide with the federal award.
(4) The issuance of grants, including:
(A) public notice of announcements of funding
opportunities;
(B) the development of uniform grant applications;
(C) State agency review of merit of proposals and

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risk posed by applicants;
(D) specific conditions for individual recipients
(including the use of a fiscal agent and additional
corrective conditions);
(E) certifications and representations;
(F) pre-award costs;
(G) performance measures and statewide prioritized
goals under Section 50-25 of the State Budget Law of
the Civil Administrative Code of Illinois, commonly
referred to as "Budgeting for Results"; and
(H) for mandatory formula grants, the merit of the
proposal and the risk posed should result in
additional reporting, monitoring, or measures such as
reimbursement-basis only.
(5) The development of uniform budget requirements,
which shall include:
(A) mandatory submission of budgets as part of the
grant application process;
(B) mandatory requirements regarding contents of
the budget including, at a minimum, common detail line
items specified under guidelines issued by the
Governor's Office of Management and Budget;
(C) a requirement that the budget allow
flexibility to add lines describing costs that are
common for the services provided as outlined in the
grant application;

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(D) a requirement that the budget include
information necessary for analyzing cost and
performance for use in Budgeting for Results; and
(E) caps, which may be equal to, but shall not be
greater than, the caps allowed by federal agencies, on
the amount of salaries that may be charged to grants
based on the limitations imposed by federal agencies.
(6) The development of pre-qualification requirements
for applicants, including the fiscal condition of the
organization and the provision of the following
information:
(A) organization name;
(B) Federal Employee Identification Number;
(C) Unique Entity Identifier Data Universal
Numbering System (DUNS) number;
(D) fiscal condition;
(E) whether the applicant is in good standing with
the Secretary of State;
(F) past performance in administering grants, if
applicable;
(G) whether the applicant is on the Debarred and
Suspended List maintained by the Governor's Office of
Management and Budget;
(H) whether the applicant is on the federal
Excluded Parties List; and
(I) whether the applicant is on the Sanctioned

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Party List maintained by the Illinois Department of
Healthcare and Family Services.
Nothing in this Act affects the provisions of the Fiscal
Control and Internal Auditing Act nor the requirement that the
management of each State agency is responsible for maintaining
effective internal controls under that Act.
For public institutions of higher education, the
provisions of this Section apply only to awards funded by
federal pass-through awards from a State agency to public
institutions of higher education.
(Source: P.A. 101-81, eff. 7-12-19; 102-626, eff. 8-27-21.)
(30 ILCS 708/30)
Sec. 30. Catalog of State Financial Assistance. The
Catalog of State Financial Assistance is a single,
authoritative, statewide, comprehensive source document of
State financial assistance program information. The Catalog
shall contain, at a minimum, the following information:
(1) An introductory section that contains Catalog
highlights, an explanation of how to use the Catalog, an
explanation of the Catalog and its contents, and suggested
grant proposal writing methods and grant application
procedures.
(2) A comprehensive indexing system that categorizes
programs by issuing agency, eligible applicant,
application deadlines, function, popular name, and subject

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area.
(3) Comprehensive appendices showing State assistance
programs that require coordination through this Act and
regulatory, legislative, and Executive Order authority for
each program, commonly used abbreviations and acronyms,
agency regional and local office addresses, and sources of
additional information.
(4) A list of programs that have been added to or
deleted from the Catalog and the various program numbers
and title changes.
(5) Program number, title, and popular name, if
applicable.
(6) The name of the State department or agency or
independent agency and primary organization sub-unit
administering the program.
(7) The enabling legislation, including popular name
of the Act, titles and Sections, Public Act number, and
citation to the Illinois Compiled Statutes.
(8) The type or types of financial and nonfinancial
assistance offered by the program.
(9) Uses and restrictions placed upon the program.
(10) Eligibility requirements, including applicant
eligibility criteria, beneficiary eligibility criteria,
and required credentials and documentation.
(11) Objectives and goals of the program.
(12) Information regarding application and award

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processing; application deadlines; range of approval or
disapproval time; appeal procedure; and availability of a
renewal or extension of assistance.
(13) Assistance considerations, including an
explanation of the award formula, matching requirements,
and the length and time phasing of the assistance, and
whether the program is eligible for interest under the
State Prompt Payment Act.
(14) Post-assistance requirements, including any
reports, audits, and records that may be required.
(15) Program accomplishments (where available)
describing quantitative measures of program performance.
(16) Regulations, guidelines, and literature
containing citations to the Illinois Administrative Code,
the Code of Federal Regulations, and other pertinent
informational materials.
(17) The names, telephone numbers, and e-mail
addresses of persons to be contacted for detailed program
information at the headquarters, regional, and local
levels.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/50)
Sec. 50. State grant-making agency responsibilities.
(a) The specific requirements and responsibilities of
State grant-making agencies and non-federal entities are set

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forth in this Act. State agencies making State awards to
non-federal entities must adopt by rule the language in 2 CFR
Part 200, Subpart C through Subpart F unless different
provisions are required by law.
(b) Each State grant-making agency shall appoint a Chief
Accountability Officer who shall serve as a liaison to the
Grant Accountability and Transparency Unit and who shall be
responsible for the State agency's implementation of and
compliance with the rules.
(c) In order to effectively measure the performance of its
recipients and subrecipients, each State grant-making agency
shall:
(1) require its recipients and subrecipients to relate
financial data to performance accomplishments of the award
and, when applicable, must require recipients and
subrecipients to provide cost information to demonstrate
cost-effective practices. The recipient's and
subrecipient's performance should be measured in a way
that will help the State agency to improve program
outcomes, share lessons learned, and spread the adoption
of promising practices; and
(2) provide recipients and subrecipients with clear
performance goals, indicators, and milestones and must
establish performance reporting frequency and content to
not only allow the State agency to understand the
recipient's progress, but also to facilitate

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identification of promising practices among recipients and
subrecipients and build the evidence upon which the State
agency's program and performance decisions are made. The
frequency of reports on performance goals, indicators, and
milestones required under this Section shall not be more
frequent than quarterly. Nothing in this Section is
intended to prohibit more frequent reporting to assess
items such as service needs, gaps, or capacity, as
indicated by a corrective action plan or by a risk
assessment.
(3) (c-5) Each State grant-making agency shall, when
it is in the best interests of the State, request that the
Office of the Comptroller issue a stop payment order in
accordance with Section 105 of this Act.
(4) (c-6) Upon notification by the Grant Transparency
and Accountability Unit that a stop payment order has been
requested by a State grant-making agency, each State
grant-making agency who has issued a grant to that
recipient or subrecipient shall determine if it remains in
the best interests of the State to continue to issue
payments to the recipient or subrecipient.
(d) The Governor's Office of Management and Budget shall
provide such advice and technical assistance to the State
grant-making agencies as is necessary or indicated in order to
ensure compliance with this Act.
(e) In accordance with this Act and the Illinois State

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Collection Act of 1986, refunds required under the Grant Funds
Recovery Act may be referred to the Comptroller's offset
system.
(Source: P.A. 100-997, eff. 8-20-18.)
(30 ILCS 708/60)
Sec. 60. Grant Accountability and Transparency Unit
responsibilities.
(a) The Grant Accountability and Transparency Unit within
the Governor's Office of Management and Budget shall be
responsible for:
(1) The development of minimum requirements applicable
to the staff of grant applicants to manage and execute
grant awards for programmatic and administrative purposes,
including grant management specialists with:
(A) general and technical competencies;
(B) programmatic expertise;
(C) fiscal expertise and systems necessary to
adequately account for the source and application of
grant funds for each program; and
(D) knowledge of compliance requirements.
(2) The development of minimum training requirements,
including annual training requirements.
(3) Accurate, current, and complete disclosure of the
financial results of each funded award, as set forth in
the financial monitoring and reporting Section of 2 CFR

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Part 200.
(4) Development of criteria for requiring the
retention of a fiscal agent and for becoming a fiscal
agent.
(5) Development of disclosure requirements in the
grant application pertaining to:
(A) related-party status between grantees and
grant-making agencies;
(B) past employment of applicant officers and
grant managers;
(C) disclosure of current or past employment of
members of immediate family; and
(D) disclosure of senior management of grantee
organization and their relationships with contracted
vendors.
(6) Implementation of rules prohibiting a grantee from
charging any cost allocable to a particular award or cost
objective to other State or federal awards to overcome
fund deficiencies, to avoid restrictions imposed by law or
terms of the federal awards, or for other reasons.
(7) Implementation of rules prohibiting a non-federal
entity from earning or keeping any profit resulting from
State or federal financial assistance, unless prior
approval has been obtained from the Governor's Office of
Management and Budget and is expressly authorized by the
terms and conditions of the award.

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(8) Maintenance of an Illinois Stop Payment List or an
Illinois Debarred and Suspended List that contains the
names of those individuals and entities that are
ineligible, either temporarily or permanently, to receive
an award of grant funds from the State.
(9) Ensuring the adoption of standardized rules for
the implementation of this Act by State grant-making
agencies. The Grant Accountability and Transparency Unit
shall provide such advice and technical assistance to the
State grant-making agencies as is necessary or indicated
in order to ensure compliance with this Act.
(10) Coordination of financial and Single Audit
reviews.
(11) Coordination of on-site reviews of grantees and
subrecipients.
(12) Maintenance of the Catalog of State Financial
Assistance, which shall be posted on an Internet website
maintained by the Governor's Office of Management and
Budget that is available to the public.
(13) Promotion of best practices for disseminating
information about grant opportunities to grant-making
agencies statewide, with an emphasis on reaching
previously underserved communities and grantees.
(b) The Grant Accountability and Transparency Unit shall
have no power or authority regarding the approval,
disapproval, management, or oversight of grants entered into

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or awarded by a State agency or by a public institution of
higher education. The power or authority existing under law to
grant or award grants by a State agency or by a public
institution of higher education shall remain with that State
agency or public institution of higher education. The Unit
shall be responsible for providing technical assistance to
guide the Administrative Code amendments proposed by State
grant-making agencies to comply with this Act and shall be
responsible for establishing standardized policies and
procedures for State grant-making agencies in order to ensure
compliance with the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards set forth
in 2 CFR Part 200, all of which must be adhered to by the State
grant-making agencies throughout the life cycle of the grant.
(c) The powers and functions of grant making by State
agencies or public institutions of higher education may not be
transferred to, nor may prior grant approval be transferred
to, any other person, office, or entity within the executive
branch of State government.
(Source: P.A. 100-676, eff. 1-1-19.)
(30 ILCS 708/65)
Sec. 65. Audit requirements.
(a) The standards set forth in Subpart F of 2 CFR Part 200
and any other standards that apply directly to State or
federal agencies shall apply to audits of fiscal years

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beginning on or after December 26, 2014.
(b) Books and records must be available for review or
audit by appropriate officials of the pass-through entity, and
the agency, the Auditor General, the Inspector General,
appropriate officials of the agency, and the federal
Government Accountability Office.
(c) The Governor's Office of Management and Budget, with
the advice and technical assistance of the Illinois Single
Audit Commission, shall adopt rules that are reasonably
consistent with 2 CFR Part 200 for audits of grants from a
State or federal pass-through entity that are not subject to
the Single Audit Act because (1) the amount of the federal
awards expended during the entity's fiscal year award is less
than the applicable amount specified in 2 CFR Part 200,
Subpart F $750,000 or (2) the subrecipient is an exempt entity
as specified in and that are reasonably consistent with 2 CFR
Part 200, Subpart F.
(d) This Act does not affect the provisions of the
Illinois State Auditing Act and does not address the external
audit function of the Auditor General.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/97) (was 30 ILCS 708/520)
Sec. 97. Separate accounts for State grant funds.
Notwithstanding any provision of law to the contrary, all
grants for which advance payments are made and any grant

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agreement entered into, renewed, or extended on or after
August 20, 2018 (the effective date of Public Act 100-997)
that permits advanced payments, between a State grant-making
agency and a nonprofit organization, shall require the
nonprofit organization receiving grant funds to maintain those
funds in an account which is separate and distinct from any
account holding non-grant funds. Except as otherwise provided
in an agreement between a State grant-making agency and a
nonprofit organization, the grant funds held in a separate
account by a nonprofit organization shall not be used for
non-grant-related activities, and any unused grant funds shall
be returned to the State grant-making agency. This Section
does not apply when grant payments are made as reimbursements.
(Source: P.A. 100-997, eff. 8-20-18; 101-81, eff. 7-12-19.)