Illinois General Assembly - Full Text of HB2440
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Full Text of HB2440  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, 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.

LRB102 13761 RJF 19111 b





HB2440LRB102 13761 RJF 19111 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) The requirements established under this Act apply to
9State grant-making agencies that make State and federal
10pass-through awards to non-federal entities. These
11requirements apply to all costs related to State and federal
12pass-through awards. The requirements established under this
13Act do not apply to private awards.
14    (a-5) Nothing in this Act shall prohibit the use of State
15funds for purposes of federal match or maintenance of effort.
16    (b) The terms and conditions of State, federal, and
17pass-through awards apply to subawards and subrecipients
18unless a particular Section of this Act or the terms and
19conditions of the State or federal award specifically indicate
20otherwise. Non-federal entities shall comply with requirements
21of this Act regardless of whether the non-federal entity is a
22recipient or subrecipient of a State or federal pass-through
23award. Pass-through entities shall comply with the



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1requirements set forth under the rules adopted under
2subsection (a) of Section 20 of this Act, but not to any
3requirements in this Act directed towards State or federal
4awarding agencies, unless the requirements of the State or
5federal awards indicate otherwise.
6    When a non-federal entity is awarded a cost-reimbursement
7contract, only 2 CFR 200.330 through 200.332 are incorporated
8by reference into the contract. However, when the Cost
9Accounting Standards are applicable to the contract, they take
10precedence over the requirements of this Act unless they are
11in conflict with Subpart F of 2 CFR 200. In addition, costs
12that are made unallowable under 10 U.S.C. 2324(e) and 41
13U.S.C. 4304(a), as described in the Federal Acquisition
14Regulations, subpart 31.2 and subpart 31.603, are always
15unallowable. For requirements other than those covered in
16Subpart D of 2 CFR 200.330 through 200.332, the terms of the
17contract and the Federal Acquisition Regulations apply.
18    With the exception of Subpart F of 2 CFR 200, which is
19required by the Single Audit Act, in any circumstances where
20the provisions of federal statutes or regulations differ from
21the provisions of this Act, the provision of the federal
22statutes or regulations govern. This includes, for agreements
23with Indian tribes, the provisions of the Indian
24Self-Determination and Education and Assistance Act, as
25amended, 25 U.S.C. 450-458ddd-2.
26    (c) State grant-making agencies may apply subparts A



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1through E of 2 CFR 200 to for-profit entities, foreign public
2entities, or foreign organizations, except where the awarding
3agency determines that the application of these subparts would
4be inconsistent with the international obligations of the
5United States or the statute or regulations of a foreign
7    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
8different types of awards. The same applicability applies to
9this Act.
10    (e) (Blank).
11    (f) For public institutions of higher education, the
12provisions of this Act apply only to awards funded by State
13appropriations and federal pass-through awards from a State
14agency to public institutions of higher education.
15    (g) Each grant-making agency shall enhance its processes
16to monitor and address noncompliance with reporting
17requirements and with program performance standards. Where
18applicable, the process may include a corrective action plan.
19The monitoring process shall include a plan for tracking and
20documenting performance-based contracting decisions.
21    (h) Notwithstanding any provision to the contrary, grants
22and grant funds which may be awarded under this Act shall not
23include funds derived from a motor fuel tax or funds derived
24from the Motor Fuel Tax Fund.
25(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;
26101-81, eff. 7-12-19.)