Illinois General Assembly - Full Text of HB3011
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Full Text of HB3011  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. C.D. Davidsmeyer


30 ILCS 708/45

    Amends the Grant Accountability and Transparency Act. Provides that grants and grant funds which may be awarded under the Act shall not include funds derived from a motor fuel tax or funds derived from the Motor Fuel Tax Fund.

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HB3011LRB101 10569 RJF 55675 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7    (Section scheduled to be repealed on July 16, 2020)
8    Sec. 45. Applicability.
9    (a) The requirements established under this Act apply to
10State grant-making agencies that make State and federal
11pass-through awards to non-federal entities. These
12requirements apply to all costs related to State and federal
13pass-through awards. The requirements established under this
14Act do not apply to private awards.
15    (a-5) Nothing in this Act shall prohibit the use of State
16funds for purposes of federal match or maintenance of effort.
17    (b) The terms and conditions of State, federal, and
18pass-through awards apply to subawards and subrecipients
19unless a particular Section of this Act or the terms and
20conditions of the State or federal award specifically indicate
21otherwise. Non-federal entities shall comply with requirements
22of this Act regardless of whether the non-federal entity is a
23recipient or subrecipient of a State or federal pass-through



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1award. Pass-through entities shall comply with the
2requirements set forth under the rules adopted under subsection
3(a) of Section 20 of this Act, but not to any requirements in
4this Act directed towards State or federal awarding agencies,
5unless the requirements of the State or federal awards indicate
7    When a non-federal entity is awarded a cost-reimbursement
8contract, only 2 CFR 200.330 through 200.332 are incorporated
9by reference into the contract. However, when the Cost
10Accounting Standards are applicable to the contract, they take
11precedence over the requirements of this Act unless they are in
12conflict with Subpart F of 2 CFR 200. In addition, costs that
13are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
144304(a), as described in the Federal Acquisition Regulations,
15subpart 31.2 and subpart 31.603, are always unallowable. For
16requirements other than those covered in Subpart D of 2 CFR
17200.330 through 200.332, the terms of the contract and the
18Federal Acquisition Regulations apply.
19    With the exception of Subpart F of 2 CFR 200, which is
20required by the Single Audit Act, in any circumstances where
21the provisions of federal statutes or regulations differ from
22the provisions of this Act, the provision of the federal
23statutes or regulations govern. This includes, for agreements
24with Indian tribes, the provisions of the Indian
25Self-Determination and Education and Assistance Act, as
26amended, 25 U.S.C. 450-458ddd-2.



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1    (c) State grant-making agencies may apply subparts A
2through E of 2 CFR 200 to for-profit entities, foreign public
3entities, or foreign organizations, except where the awarding
4agency determines that the application of these subparts would
5be inconsistent with the international obligations of the
6United States or the statute or regulations of a foreign
8    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
9different types of awards. The same applicability applies to
10this Act.
11    (e) (Blank). for
12    (f) For public institutions of higher education, the
13provisions of this Act apply only to awards funded by State
14appropriations and federal pass-through awards from a State
15agency to public institutions of higher education.
16    (g) Each grant-making agency shall enhance its processes to
17monitor and address noncompliance with reporting requirements
18and with program performance standards. Where applicable, the
19process may include a corrective action plan. The monitoring
20process shall include a plan for tracking and documenting
21performance-based contracting decisions.
22    (h) Notwithstanding any provision to the contrary, grants
23and grant funds which may be awarded under this Act shall not
24include funds derived from a motor fuel tax or funds derived
25from the Motor Fuel Tax Fund.
26(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;



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1revised 10-5-18.)