Illinois 2023-2024 Regular Session

Illinois House Bill HB3633 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3633 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 30 ILCS 708/45 Amends the Grant Accountability and Transparency Act. Provides that the requirements of the Act do not apply to capital appropriated funds provided to units of local government by the Department of Commerce and Economic Opportunity for infrastructure projects. Effective immediately. LRB103 26802 HLH 53166 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3633 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 30 ILCS 708/45 30 ILCS 708/45 Amends the Grant Accountability and Transparency Act. Provides that the requirements of the Act do not apply to capital appropriated funds provided to units of local government by the Department of Commerce and Economic Opportunity for infrastructure projects. Effective immediately. LRB103 26802 HLH 53166 b LRB103 26802 HLH 53166 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3633 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 708/45 30 ILCS 708/45
4	4	30 ILCS 708/45
5	5	Amends the Grant Accountability and Transparency Act. Provides that the requirements of the Act do not apply to capital appropriated funds provided to units of local government by the Department of Commerce and Economic Opportunity for infrastructure projects. Effective immediately.
6	6	LRB103 26802 HLH 53166 b LRB103 26802 HLH 53166 b
7	7	LRB103 26802 HLH 53166 b
8	8	A BILL FOR
9	9	HB3633LRB103 26802 HLH 53166 b HB3633 LRB103 26802 HLH 53166 b
10	10	HB3633 LRB103 26802 HLH 53166 b
11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Grant Accountability and Transparency Act
15	15	5 is amended by changing Section 45 as follows:
16	16	6 (30 ILCS 708/45)
17	17	7 Sec. 45. Applicability.
18	18	8 (a) Except as otherwise provided in this Section, the
19	19	9 requirements established under this Act apply to State
20	20	10 grant-making agencies that make State and federal pass-through
21	21	11 awards to non-federal entities. These requirements apply to
22	22	12 all costs related to State and federal pass-through awards.
23	23	13 The requirements established under this Act do not apply to
24	24	14 private awards, to allocations of State revenues paid over by
25	25	15 the Comptroller to units of local government and other taxing
26	26	16 districts pursuant to the State Revenue Sharing Act from the
27	27	17 Local Government Distributive Fund or the Personal Property
28	28	18 Tax Replacement Fund, to allotments of State motor fuel tax
29	29	19 revenues distributed by the Department of Transportation to
30	30	20 units of local government pursuant to the Motor Fuel Tax Law
31	31	21 from the Motor Fuel Tax Fund or the Transportation Renewal
32	32	22 Fund, or to awards, including capital appropriated funds, made
33	33	23 by the Department of Transportation to units of local
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3633 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
38	38	30 ILCS 708/45 30 ILCS 708/45
39	39	30 ILCS 708/45
40	40	Amends the Grant Accountability and Transparency Act. Provides that the requirements of the Act do not apply to capital appropriated funds provided to units of local government by the Department of Commerce and Economic Opportunity for infrastructure projects. Effective immediately.
41	41	LRB103 26802 HLH 53166 b LRB103 26802 HLH 53166 b
42	42	LRB103 26802 HLH 53166 b
43	43	A BILL FOR
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49	49	30 ILCS 708/45
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68	68	1 government for the purposes of transportation projects
69	69	2 utilizing State funds, federal funds, or both State and
70	70	3 federal funds. This Act shall recognize that federal and
71	71	4 federal pass-through awards from the Department of
72	72	5 Transportation to units of local government are governed by
73	73	6 and must comply with federal guidelines under 2 CFR Part 200.
74	74	7 The requirements of this Act do not apply to capital
75	75	8 appropriated funds provided to units of local government by
76	76	9 the Department of Commerce and Economic Opportunity for
77	77	10 infrastructure projects.
78	78	11 The changes made by this amendatory Act of the 102nd
79	79	12 General Assembly apply to pending actions as well as actions
80	80	13 commenced on or after the effective date of this amendatory
81	81	14 Act of the 102nd General Assembly.
82	82	15 (a-5) Nothing in this Act shall prohibit the use of State
83	83	16 funds for purposes of federal match or maintenance of effort.
84	84	17 (b) The terms and conditions of State, federal, and
85	85	18 pass-through awards apply to subawards and subrecipients
86	86	19 unless a particular Section of this Act or the terms and
87	87	20 conditions of the State or federal award specifically indicate
88	88	21 otherwise. Non-federal entities shall comply with requirements
89	89	22 of this Act regardless of whether the non-federal entity is a
90	90	23 recipient or subrecipient of a State or federal pass-through
91	91	24 award. Pass-through entities shall comply with the
92	92	25 requirements set forth under the rules adopted under
93	93	26 subsection (a) of Section 20 of this Act, but not to any
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104	104	1 requirements in this Act directed towards State or federal
105	105	2 awarding agencies, unless the requirements of the State or
106	106	3 federal awards indicate otherwise.
107	107	4 When a non-federal entity is awarded a cost-reimbursement
108	108	5 contract, only 2 CFR 200.330 through 200.332 are incorporated
109	109	6 by reference into the contract. However, when the Cost
110	110	7 Accounting Standards are applicable to the contract, they take
111	111	8 precedence over the requirements of this Act unless they are
112	112	9 in conflict with Subpart F of 2 CFR 200. In addition, costs
113	113	10 that are made unallowable under 10 U.S.C. 2324(e) and 41
114	114	11 U.S.C. 4304(a), as described in the Federal Acquisition
115	115	12 Regulations, subpart 31.2 and subpart 31.603, are always
116	116	13 unallowable. For requirements other than those covered in
117	117	14 Subpart D of 2 CFR 200.330 through 200.332, the terms of the
118	118	15 contract and the Federal Acquisition Regulations apply.
119	119	16 With the exception of Subpart F of 2 CFR 200, which is
120	120	17 required by the Single Audit Act, in any circumstances where
121	121	18 the provisions of federal statutes or regulations differ from
122	122	19 the provisions of this Act, the provision of the federal
123	123	20 statutes or regulations govern. This includes, for agreements
124	124	21 with Indian tribes, the provisions of the Indian
125	125	22 Self-Determination and Education and Assistance Act, as
126	126	23 amended, 25 U.S.C. 450-458ddd-2.
127	127	24 (c) State grant-making agencies may apply subparts A
128	128	25 through E of 2 CFR 200 to for-profit entities, foreign public
129	129	26 entities, or foreign organizations, except where the awarding
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140	140	1 agency determines that the application of these subparts would
141	141	2 be inconsistent with the international obligations of the
142	142	3 United States or the statute or regulations of a foreign
143	143	4 government.
144	144	5 (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
145	145	6 different types of awards. The same applicability applies to
146	146	7 this Act.
147	147	8 (e) (Blank).
148	148	9 (f) For public institutions of higher education, the
149	149	10 provisions of this Act apply only to awards funded by federal
150	150	11 pass-through awards from a State agency to public institutions
151	151	12 of higher education. This Act shall recognize provisions in 2
152	152	13 CFR 200 as applicable to public institutions of higher
153	153	14 education, including Appendix III of Part 200 and the cost
154	154	15 principles under Subpart E.
155	155	16 (g) Each grant-making agency shall enhance its processes
156	156	17 to monitor and address noncompliance with reporting
157	157	18 requirements and with program performance standards. Where
158	158	19 applicable, the process may include a corrective action plan.
159	159	20 The monitoring process shall include a plan for tracking and
160	160	21 documenting performance-based contracting decisions.
161	161	22 (h) Notwithstanding any provision of law to the contrary,
162	162	23 grants awarded from federal funds received from the federal
163	163	24 Coronavirus State Fiscal Recovery Fund in accordance with
164	164	25 Section 9901 of the American Rescue Plan Act of 2021 are
165	165	26 subject to the provisions of this Act, but only to the extent
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176	176	1 required by Section 9901 of the American Rescue Plan Act of
177	177	2 2021 and other applicable federal law or regulation.
178	178	3 (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
179	179	4 102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
180	180	5 6-10-22.)
181	181	6 Section 99. Effective date. This Act takes effect upon
182	182	7 becoming law.
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