Full Text of HB4489 102nd General Assembly
HB4489enr 102ND GENERAL ASSEMBLY |
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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) Except as otherwise provided in this Section, the | 9 | | requirements established under this Act apply to State | 10 | | grant-making agencies that make State and federal pass-through | 11 | | awards to non-federal entities. These requirements apply to | 12 | | all costs related to State and federal pass-through awards.
| 13 | | The requirements established under this Act do not apply to | 14 | | private awards, to allocations of State revenues paid over by | 15 | | the Comptroller to units of local government and other taxing | 16 | | districts pursuant to the State Revenue Sharing Act from the | 17 | | Local Government Distributive Fund or the Personal Property | 18 | | Tax Replacement Fund, or to allotments of State motor fuel tax | 19 | | revenues distributed by the Department of Transportation to | 20 | | units of local government pursuant to the Motor Fuel Tax Law | 21 | | from the Motor Fuel Tax Fund or the Transportation Renewal | 22 | | Fund , or to awards, including capital appropriated funds, made | 23 | | by the Department of Transportation to units of local |
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| 1 | | government for the purposes of transportation projects | 2 | | utilizing State funds, federal funds, or both State and | 3 | | federal funds. This Act shall recognize that federal and | 4 | | federal pass-through awards from the Department of | 5 | | Transportation to units of local government are governed by | 6 | | and must comply with federal guidelines under 2 CFR Part 200 . | 7 | | The changes made by this amendatory Act of the 102nd | 8 | | General Assembly apply to pending actions as well as actions | 9 | | commenced on or after the effective date of this amendatory | 10 | | Act of the 102nd General Assembly. | 11 | | (a-5) Nothing in this Act shall prohibit the use of State | 12 | | funds for purposes of federal match or maintenance of effort. | 13 | | (b) The terms and conditions of State, federal, and | 14 | | pass-through awards apply to subawards and subrecipients | 15 | | unless a particular Section of this Act or the terms and | 16 | | conditions of the State or federal award specifically indicate | 17 | | otherwise. Non-federal entities shall comply with requirements | 18 | | of this Act regardless of whether the non-federal entity is a | 19 | | recipient or subrecipient of a State or federal pass-through | 20 | | award. Pass-through entities shall comply with the | 21 | | requirements set forth under the rules adopted under | 22 | | subsection (a) of Section 20 of this Act, but not to any | 23 | | requirements in this Act directed towards State or federal | 24 | | awarding agencies, unless the requirements of the State or | 25 | | federal awards indicate otherwise.
| 26 | | When a non-federal entity is awarded a cost-reimbursement |
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| 1 | | contract, only 2 CFR 200.330 through 200.332 are incorporated | 2 | | by reference into the contract. However, when the Cost | 3 | | Accounting Standards are applicable to the contract, they take | 4 | | precedence over the requirements of this Act unless they are | 5 | | in conflict with Subpart F of 2 CFR 200. In addition, costs | 6 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 | 7 | | U.S.C. 4304(a), as described in the Federal Acquisition | 8 | | Regulations, subpart 31.2 and subpart 31.603, are always | 9 | | unallowable. For requirements other than those covered in | 10 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | 11 | | contract and the Federal Acquisition Regulations apply.
| 12 | | With the exception of Subpart F of 2 CFR 200, which is | 13 | | required by the Single Audit Act, in any circumstances where | 14 | | the provisions of federal statutes or regulations differ from | 15 | | the provisions of this Act, the provision of the federal | 16 | | statutes or regulations govern. This includes, for agreements | 17 | | with Indian tribes, the provisions of the Indian | 18 | | Self-Determination and Education and Assistance Act, as | 19 | | amended, 25 U.S.C. 450-458ddd-2.
| 20 | | (c) State grant-making agencies may apply subparts A | 21 | | through E of 2 CFR 200 to for-profit entities, foreign public | 22 | | entities, or foreign organizations, except where the awarding | 23 | | agency determines that the application of these subparts would | 24 | | be inconsistent with the international obligations of the | 25 | | United States or the statute or regulations of a foreign | 26 | | government.
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| 1 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | 2 | | different types of awards. The same applicability applies to | 3 | | this Act.
| 4 | | (e) (Blank). | 5 | | (f) For public institutions of higher education, the | 6 | | provisions of this Act apply only to awards funded by federal | 7 | | pass-through awards from a State agency to public institutions | 8 | | of higher education. This Act shall recognize provisions in 2 | 9 | | CFR 200 as applicable to public institutions of higher | 10 | | education, including Appendix III of Part 200 and the cost | 11 | | principles under Subpart E. | 12 | | (g) Each grant-making agency shall enhance its processes | 13 | | to monitor and address noncompliance with reporting | 14 | | requirements and with program performance standards. Where | 15 | | applicable, the process may include a corrective action plan. | 16 | | The monitoring process shall include a plan for tracking and | 17 | | documenting performance-based contracting decisions.
| 18 | | (h) Notwithstanding any provision of law to the contrary, | 19 | | grants awarded from federal funds received from the federal | 20 | | Coronavirus State Fiscal Recovery Fund in accordance with | 21 | | Section 9901 of the American Rescue Plan Act of 2021 are | 22 | | subject to the provisions of this Act, but only to the extent | 23 | | required by Section 9901 of the American Rescue Plan Act of | 24 | | 2021 and other applicable federal law or regulation. | 25 | | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; | 26 | | 102-626, eff. 8-27-21; revised 10-27-21.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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