State of Illinois
2019 and 2020


Introduced 1/22/2020, by Rep. Nicholas K. Smith


30 ILCS 708/45

    Amends the Grant Accountability and Transparency Act. Provides that the requirements established under the Act do not apply to State shared revenues distributed by formula to units of local government from the Local Government Distributive Fund, the Personal Property Tax Replacement Fund, the Motor Fuel Tax Fund, or the Transportation Renewal Fund. Effective immediately.

LRB101 16190 RJF 65562 b





HB4215LRB101 16190 RJF 65562 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Grant Accountability and Transparency Act is
5amended by changing Section 45 as follows:
6    (30 ILCS 708/45)
7    Sec. 45. Applicability.
8    (a) Except as otherwise provided in this Section, the The
9requirements established under this Act apply to State
10grant-making agencies that make State and federal pass-through
11awards to non-federal entities. These requirements apply to all
12costs related to State and federal pass-through awards. The
13requirements established under this Act do not apply to private
14awards or State shared revenues distributed by formula to units
15of local government from the Local Government Distributive
16Fund, the Personal Property Tax Replacement Fund, the Motor
17Fuel Tax Fund, or the Transportation Renewal Fund.
18    (a-5) Nothing in this Act shall prohibit the use of State
19funds for purposes of federal match or maintenance of effort.
20    (b) The terms and conditions of State, federal, and
21pass-through awards apply to subawards and subrecipients
22unless a particular Section of this Act or the terms and
23conditions of the State or federal award specifically indicate



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1otherwise. Non-federal entities shall comply with requirements
2of this Act regardless of whether the non-federal entity is a
3recipient or subrecipient of a State or federal pass-through
4award. Pass-through entities shall comply with the
5requirements set forth under the rules adopted under subsection
6(a) of Section 20 of this Act, but not to any requirements in
7this Act directed towards State or federal awarding agencies,
8unless the requirements of the State or federal awards indicate
10    When a non-federal entity is awarded a cost-reimbursement
11contract, only 2 CFR 200.330 through 200.332 are incorporated
12by reference into the contract. However, when the Cost
13Accounting Standards are applicable to the contract, they take
14precedence over the requirements of this Act unless they are in
15conflict with Subpart F of 2 CFR 200. In addition, costs that
16are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
174304(a), as described in the Federal Acquisition Regulations,
18subpart 31.2 and subpart 31.603, are always unallowable. For
19requirements other than those covered in Subpart D of 2 CFR
20200.330 through 200.332, the terms of the contract and the
21Federal Acquisition Regulations apply.
22    With the exception of Subpart F of 2 CFR 200, which is
23required by the Single Audit Act, in any circumstances where
24the provisions of federal statutes or regulations differ from
25the provisions of this Act, the provision of the federal
26statutes or regulations govern. This includes, for agreements



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1with Indian tribes, the provisions of the Indian
2Self-Determination and Education and Assistance Act, as
3amended, 25 U.S.C. 450-458ddd-2.
4    (c) State grant-making agencies may apply subparts A
5through E of 2 CFR 200 to for-profit entities, foreign public
6entities, or foreign organizations, except where the awarding
7agency determines that the application of these subparts would
8be inconsistent with the international obligations of the
9United States or the statute or regulations of a foreign
11    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
12different types of awards. The same applicability applies to
13this Act.
14    (e) (Blank).
15    (f) For public institutions of higher education, the
16provisions of this Act apply only to awards funded by State
17appropriations and federal pass-through awards from a State
18agency to public institutions of higher education.
19    (g) Each grant-making agency shall enhance its processes to
20monitor and address noncompliance with reporting requirements
21and with program performance standards. Where applicable, the
22process may include a corrective action plan. The monitoring
23process shall include a plan for tracking and documenting
24performance-based contracting decisions.
25(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;
26101-81, eff. 7-12-19.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.