Illinois 2023-2024 Regular Session

Illinois House Bill HB3875 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3875 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 30 ILCS 708/45 Amends the Grant Accountability and Transparency Act. Provides that the Act does not apply to awards made by the Department of Public Health to certified local health departments for the purposes of public health, public safety, and healthcare-related projects utilizing State and federal funds. Provides that federal and federal pass-through awards from the Department of Public Health to certified local health departments are governed by and must comply with specified federal guidelines notwithstanding the requirements of the Act. Effective immediately. LRB103 29493 DTM 55888 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3875 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 30 ILCS 708/45 30 ILCS 708/45 Amends the Grant Accountability and Transparency Act. Provides that the Act does not apply to awards made by the Department of Public Health to certified local health departments for the purposes of public health, public safety, and healthcare-related projects utilizing State and federal funds. Provides that federal and federal pass-through awards from the Department of Public Health to certified local health departments are governed by and must comply with specified federal guidelines notwithstanding the requirements of the Act. Effective immediately. LRB103 29493 DTM 55888 b LRB103 29493 DTM 55888 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3875 Introduced , by Rep. Anne Stava-Murray 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 Act does not apply to awards made by the Department of Public Health to certified local health departments for the purposes of public health, public safety, and healthcare-related projects utilizing State and federal funds. Provides that federal and federal pass-through awards from the Department of Public Health to certified local health departments are governed by and must comply with specified federal guidelines notwithstanding the requirements of the Act. Effective immediately.
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8	8	A BILL FOR
9	9	HB3875LRB103 29493 DTM 55888 b HB3875 LRB103 29493 DTM 55888 b
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11	11	1 AN ACT concerning finance.
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 (1) capital appropriated funds,
33	33	23 made by the Department of Transportation to units of local
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3875 Introduced , by Rep. Anne Stava-Murray 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 Act does not apply to awards made by the Department of Public Health to certified local health departments for the purposes of public health, public safety, and healthcare-related projects utilizing State and federal funds. Provides that federal and federal pass-through awards from the Department of Public Health to certified local health departments are governed by and must comply with specified federal guidelines notwithstanding the requirements of the Act. Effective immediately.
41	41	LRB103 29493 DTM 55888 b LRB103 29493 DTM 55888 b
42	42	LRB103 29493 DTM 55888 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, and (2) State and federal appropriated funds,
71	71	4 awarded by the Department of Public Health to certified local
72	72	5 health departments for the purposes of public health, public
73	73	6 safety, and healthcare-related projects utilizing State and
74	74	7 federal funds. Federal This Act shall recognize that federal
75	75	8 and federal pass-through awards from the Department of
76	76	9 Transportation to units of local government and federal and
77	77	10 federal pass-through awards from the Department of Public
78	78	11 Health to certified local health departments are governed by
79	79	12 and must comply with federal guidelines under 2 CFR Part 200
80	80	13 notwithstanding any other provision of this Act.
81	81	14 The changes made by this amendatory Act of the 102nd
82	82	15 General Assembly apply to pending actions as well as actions
83	83	16 commenced on or after the effective date of this amendatory
84	84	17 Act of the 102nd General Assembly.
85	85	18 (a-5) Nothing in this Act shall prohibit the use of State
86	86	19 funds for purposes of federal match or maintenance of effort.
87	87	20 (b) The terms and conditions of State, federal, and
88	88	21 pass-through awards apply to subawards and subrecipients
89	89	22 unless a particular Section of this Act or the terms and
90	90	23 conditions of the State or federal award specifically indicate
91	91	24 otherwise. Non-federal entities shall comply with requirements
92	92	25 of this Act regardless of whether the non-federal entity is a
93	93	26 recipient or subrecipient of a State or federal pass-through
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104	104	1 award. Pass-through entities shall comply with the
105	105	2 requirements set forth under the rules adopted under
106	106	3 subsection (a) of Section 20 of this Act, but not to any
107	107	4 requirements in this Act directed towards State or federal
108	108	5 awarding agencies, unless the requirements of the State or
109	109	6 federal awards indicate otherwise.
110	110	7 When a non-federal entity is awarded a cost-reimbursement
111	111	8 contract, only 2 CFR 200.330 through 200.332 are incorporated
112	112	9 by reference into the contract. However, when the Cost
113	113	10 Accounting Standards are applicable to the contract, they take
114	114	11 precedence over the requirements of this Act unless they are
115	115	12 in conflict with Subpart F of 2 CFR 200. In addition, costs
116	116	13 that are made unallowable under 10 U.S.C. 2324(e) and 41
117	117	14 U.S.C. 4304(a), as described in the Federal Acquisition
118	118	15 Regulations, subpart 31.2 and subpart 31.603, are always
119	119	16 unallowable. For requirements other than those covered in
120	120	17 Subpart D of 2 CFR 200.330 through 200.332, the terms of the
121	121	18 contract and the Federal Acquisition Regulations apply.
122	122	19 With the exception of Subpart F of 2 CFR 200, which is
123	123	20 required by the Single Audit Act, in any circumstances where
124	124	21 the provisions of federal statutes or regulations differ from
125	125	22 the provisions of this Act, the provision of the federal
126	126	23 statutes or regulations govern. This includes, for agreements
127	127	24 with Indian tribes, the provisions of the Indian
128	128	25 Self-Determination and Education and Assistance Act, as
129	129	26 amended, 25 U.S.C. 450-458ddd-2.
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140	140	1 (c) State grant-making agencies may apply subparts A
141	141	2 through E of 2 CFR 200 to for-profit entities, foreign public
142	142	3 entities, or foreign organizations, except where the awarding
143	143	4 agency determines that the application of these subparts would
144	144	5 be inconsistent with the international obligations of the
145	145	6 United States or the statute or regulations of a foreign
146	146	7 government.
147	147	8 (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
148	148	9 different types of awards. The same applicability applies to
149	149	10 this Act.
150	150	11 (e) (Blank).
151	151	12 (f) For public institutions of higher education, the
152	152	13 provisions of this Act apply only to awards funded by federal
153	153	14 pass-through awards from a State agency to public institutions
154	154	15 of higher education. This Act shall recognize provisions in 2
155	155	16 CFR 200 as applicable to public institutions of higher
156	156	17 education, including Appendix III of Part 200 and the cost
157	157	18 principles under Subpart E.
158	158	19 (g) Each grant-making agency shall enhance its processes
159	159	20 to monitor and address noncompliance with reporting
160	160	21 requirements and with program performance standards. Where
161	161	22 applicable, the process may include a corrective action plan.
162	162	23 The monitoring process shall include a plan for tracking and
163	163	24 documenting performance-based contracting decisions.
164	164	25 (h) Notwithstanding any provision of law to the contrary,
165	165	26 grants awarded from federal funds received from the federal
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176	176	1 Coronavirus State Fiscal Recovery Fund in accordance with
177	177	2 Section 9901 of the American Rescue Plan Act of 2021 are
178	178	3 subject to the provisions of this Act, but only to the extent
179	179	4 required by Section 9901 of the American Rescue Plan Act of
180	180	5 2021 and other applicable federal law or regulation.
181	181	6 (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
182	182	7 102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
183	183	8 6-10-22.)
184	184	9 Section 99. Effective date. This Act takes effect upon
185	185	10 becoming law.
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