Full Text of HB2440 102nd General Assembly
HB2440 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2440 Introduced 2/19/2021, by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
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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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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Grant Accountability and Transparency Act | 5 | | is amended by changing Section 45 as follows: | 6 | | (30 ILCS 708/45)
| 7 | | Sec. 45. Applicability.
| 8 | | (a) The requirements established under this Act apply to | 9 | | State grant-making agencies that make State and federal | 10 | | pass-through awards to non-federal entities. These | 11 | | requirements apply to all costs related to State and federal | 12 | | pass-through awards.
The requirements established under this | 13 | | Act do not apply to private awards. | 14 | | (a-5) Nothing in this Act shall prohibit the use of State | 15 | | funds for purposes of federal match or maintenance of effort. | 16 | | (b) The terms and conditions of State, federal, and | 17 | | pass-through awards apply to subawards and subrecipients | 18 | | unless a particular Section of this Act or the terms and | 19 | | conditions of the State or federal award specifically indicate | 20 | | otherwise. Non-federal entities shall comply with requirements | 21 | | of this Act regardless of whether the non-federal entity is a | 22 | | recipient or subrecipient of a State or federal pass-through | 23 | | award. Pass-through entities shall comply with the |
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| 1 | | requirements set forth under the rules adopted under | 2 | | subsection (a) of Section 20 of this Act, but not to any | 3 | | requirements in this Act directed towards State or federal | 4 | | awarding agencies, unless the requirements of the State or | 5 | | federal awards indicate otherwise.
| 6 | | When a non-federal entity is awarded a cost-reimbursement | 7 | | contract, only 2 CFR 200.330 through 200.332 are incorporated | 8 | | by reference into the contract. However, when the Cost | 9 | | Accounting Standards are applicable to the contract, they take | 10 | | precedence over the requirements of this Act unless they are | 11 | | in conflict with Subpart F of 2 CFR 200. In addition, costs | 12 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 | 13 | | U.S.C. 4304(a), as described in the Federal Acquisition | 14 | | Regulations, subpart 31.2 and subpart 31.603, are always | 15 | | unallowable. For requirements other than those covered in | 16 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | 17 | | contract and the Federal Acquisition Regulations apply.
| 18 | | With the exception of Subpart F of 2 CFR 200, which is | 19 | | required by the Single Audit Act, in any circumstances where | 20 | | the provisions of federal statutes or regulations differ from | 21 | | the provisions of this Act, the provision of the federal | 22 | | statutes or regulations govern. This includes, for agreements | 23 | | with Indian tribes, the provisions of the Indian | 24 | | Self-Determination and Education and Assistance Act, as | 25 | | amended, 25 U.S.C. 450-458ddd-2.
| 26 | | (c) State grant-making agencies may apply subparts A |
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| 1 | | through E of 2 CFR 200 to for-profit entities, foreign public | 2 | | entities, or foreign organizations, except where the awarding | 3 | | agency determines that the application of these subparts would | 4 | | be inconsistent with the international obligations of the | 5 | | United States or the statute or regulations of a foreign | 6 | | government.
| 7 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | 8 | | different types of awards. The same applicability applies to | 9 | | this Act.
| 10 | | (e) (Blank). | 11 | | (f) For public institutions of higher education, the | 12 | | provisions of this Act apply only to awards funded by State | 13 | | appropriations and federal pass-through awards from a State | 14 | | agency to public institutions of higher education. | 15 | | (g) Each grant-making agency shall enhance its processes | 16 | | to monitor and address noncompliance with reporting | 17 | | requirements and with program performance standards. Where | 18 | | applicable, the process may include a corrective action plan. | 19 | | The monitoring process shall include a plan for tracking and | 20 | | documenting performance-based contracting decisions.
| 21 | | (h) Notwithstanding any provision to the contrary, grants | 22 | | and grant funds which may be awarded under this Act shall not | 23 | | include funds derived from a motor fuel tax or funds derived | 24 | | from the Motor Fuel Tax Fund. | 25 | | (Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18; | 26 | | 101-81, eff. 7-12-19 .)
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