Illinois General Assembly - Full Text of SB2284
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Full Text of SB2284  101st General Assembly




State of Illinois
2019 and 2020


Introduced 10/28/2019, by Sen. Andy Manar


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.

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SB2284LRB101 14598 RJF 63508 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7    (Section scheduled to be repealed on July 16, 2020)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) Except as otherwise provided in this Section, the The
10requirements established under this Act apply to State
11grant-making agencies that make State and federal pass-through
12awards to non-federal entities. These requirements apply to all
13costs related to State and federal pass-through awards. The
14requirements established under this Act do not apply to private
15awards or State shared revenues distributed by formula to units
16of local government from the Local Government Distributive
17Fund, the Personal Property Tax Replacement Fund, the Motor
18Fuel Tax Fund, or the Transportation Renewal Fund.
19    (a-5) Nothing in this Act shall prohibit the use of State
20funds for purposes of federal match or maintenance of effort.
21    (b) The terms and conditions of State, federal, and
22pass-through awards apply to subawards and subrecipients
23unless a particular Section of this Act or the terms and



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1conditions of the State or federal award specifically indicate
2otherwise. Non-federal entities shall comply with requirements
3of this Act regardless of whether the non-federal entity is a
4recipient or subrecipient of a State or federal pass-through
5award. Pass-through entities shall comply with the
6requirements set forth under the rules adopted under subsection
7(a) of Section 20 of this Act, but not to any requirements in
8this Act directed towards State or federal awarding agencies,
9unless the requirements of the State or federal awards indicate
11    When a non-federal entity is awarded a cost-reimbursement
12contract, only 2 CFR 200.330 through 200.332 are incorporated
13by reference into the contract. However, when the Cost
14Accounting Standards are applicable to the contract, they take
15precedence over the requirements of this Act unless they are in
16conflict with Subpart F of 2 CFR 200. In addition, costs that
17are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
184304(a), as described in the Federal Acquisition Regulations,
19subpart 31.2 and subpart 31.603, are always unallowable. For
20requirements other than those covered in Subpart D of 2 CFR
21200.330 through 200.332, the terms of the contract and the
22Federal Acquisition Regulations apply.
23    With the exception of Subpart F of 2 CFR 200, which is
24required by the Single Audit Act, in any circumstances where
25the provisions of federal statutes or regulations differ from
26the provisions of this Act, the provision of the federal



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1statutes or regulations govern. This includes, for agreements
2with Indian tribes, the provisions of the Indian
3Self-Determination and Education and Assistance Act, as
4amended, 25 U.S.C. 450-458ddd-2.
5    (c) State grant-making agencies may apply subparts A
6through E of 2 CFR 200 to for-profit entities, foreign public
7entities, or foreign organizations, except where the awarding
8agency determines that the application of these subparts would
9be inconsistent with the international obligations of the
10United States or the statute or regulations of a foreign
12    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
13different types of awards. The same applicability applies to
14this Act.
15    (e) (Blank).
16    (f) For public institutions of higher education, the
17provisions of this Act apply only to awards funded by State
18appropriations and federal pass-through awards from a State
19agency to public institutions of higher education.
20    (g) Each grant-making agency shall enhance its processes to
21monitor and address noncompliance with reporting requirements
22and with program performance standards. Where applicable, the
23process may include a corrective action plan. The monitoring
24process shall include a plan for tracking and documenting
25performance-based contracting decisions.
26(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;



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1101-81, eff. 7-12-19.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.