Illinois General Assembly - Full Text of HB4489
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Full Text of HB4489  102nd General Assembly

HB4489 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4489

 

Introduced 1/21/2022, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 708/45

    Amends the Grant Accountability and Transparency Act. Provides that the requirements established under the Act do not apply to awards, including capital appropriated funds, made by the Department of Transportation to units of local government for the purposes of surface transportation projects utilizing State and federal funds. Provides that the Act shall recognize that federal and federal pass-through awards from the Department of Transportation to units of local government are governed by and must comply with specified federal guidelines. Effective immediately.


LRB102 23191 RJF 32353 b

 

 

A BILL FOR

 

HB4489LRB102 23191 RJF 32353 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
5is 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
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
12all costs related to State and federal pass-through awards.
13The requirements established under this Act do not apply to
14private awards, to allocations of State revenues paid over by
15the Comptroller to units of local government and other taxing
16districts pursuant to the State Revenue Sharing Act from the
17Local Government Distributive Fund or the Personal Property
18Tax Replacement Fund, or to allotments of State motor fuel tax
19revenues distributed by the Department of Transportation to
20units of local government pursuant to the Motor Fuel Tax Law
21from the Motor Fuel Tax Fund or the Transportation Renewal
22Fund, or to awards, including capital appropriated funds, made
23by the Department of Transportation to units of local

 

 

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1government for the purposes of surface transportation projects
2utilizing State and federal funds. This Act shall recognize
3that federal and federal pass-through awards from the
4Department of Transportation to units of local government are
5governed by and must comply with federal guidelines under 2
6CFR Part 200.
7    The changes made by this amendatory Act of the 102nd
8General Assembly apply to pending actions as well as actions
9commenced on or after the effective date of this amendatory
10Act of the 102nd General Assembly.
11    (a-5) Nothing in this Act shall prohibit the use of State
12funds for purposes of federal match or maintenance of effort.
13    (b) The terms and conditions of State, federal, and
14pass-through awards apply to subawards and subrecipients
15unless a particular Section of this Act or the terms and
16conditions of the State or federal award specifically indicate
17otherwise. Non-federal entities shall comply with requirements
18of this Act regardless of whether the non-federal entity is a
19recipient or subrecipient of a State or federal pass-through
20award. Pass-through entities shall comply with the
21requirements set forth under the rules adopted under
22subsection (a) of Section 20 of this Act, but not to any
23requirements in this Act directed towards State or federal
24awarding agencies, unless the requirements of the State or
25federal awards indicate otherwise.
26    When a non-federal entity is awarded a cost-reimbursement

 

 

HB4489- 3 -LRB102 23191 RJF 32353 b

1contract, only 2 CFR 200.330 through 200.332 are incorporated
2by reference into the contract. However, when the Cost
3Accounting Standards are applicable to the contract, they take
4precedence over the requirements of this Act unless they are
5in conflict with Subpart F of 2 CFR 200. In addition, costs
6that are made unallowable under 10 U.S.C. 2324(e) and 41
7U.S.C. 4304(a), as described in the Federal Acquisition
8Regulations, subpart 31.2 and subpart 31.603, are always
9unallowable. For requirements other than those covered in
10Subpart D of 2 CFR 200.330 through 200.332, the terms of the
11contract and the Federal Acquisition Regulations apply.
12    With the exception of Subpart F of 2 CFR 200, which is
13required by the Single Audit Act, in any circumstances where
14the provisions of federal statutes or regulations differ from
15the provisions of this Act, the provision of the federal
16statutes or regulations govern. This includes, for agreements
17with Indian tribes, the provisions of the Indian
18Self-Determination and Education and Assistance Act, as
19amended, 25 U.S.C. 450-458ddd-2.
20    (c) State grant-making agencies may apply subparts A
21through E of 2 CFR 200 to for-profit entities, foreign public
22entities, or foreign organizations, except where the awarding
23agency determines that the application of these subparts would
24be inconsistent with the international obligations of the
25United States or the statute or regulations of a foreign
26government.

 

 

HB4489- 4 -LRB102 23191 RJF 32353 b

1    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
2different types of awards. The same applicability applies to
3this Act.
4    (e) (Blank).
5    (f) For public institutions of higher education, the
6provisions of this Act apply only to awards funded by federal
7pass-through awards from a State agency to public institutions
8of higher education. This Act shall recognize provisions in 2
9CFR 200 as applicable to public institutions of higher
10education, including Appendix III of Part 200 and the cost
11principles under Subpart E.
12    (g) Each grant-making agency shall enhance its processes
13to monitor and address noncompliance with reporting
14requirements and with program performance standards. Where
15applicable, the process may include a corrective action plan.
16The monitoring process shall include a plan for tracking and
17documenting performance-based contracting decisions.
18    (h) Notwithstanding any provision of law to the contrary,
19grants awarded from federal funds received from the federal
20Coronavirus State Fiscal Recovery Fund in accordance with
21Section 9901 of the American Rescue Plan Act of 2021 are
22subject to the provisions of this Act, but only to the extent
23required by Section 9901 of the American Rescue Plan Act of
242021 and other applicable federal law or regulation.
25(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
26102-626, eff. 8-27-21; revised 10-27-21.)
 

 

 

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