Bill Text: IL HB4934 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4934 Detail]

Download: Illinois-2019-HB4934-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4934 Introduced , by Rep. David A. Welter SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Grant Accountability and Transparency Act is
amended by changing Section 45 as follows:
(30 ILCS 708/45)
Sec. 45. Applicability.
(a) The requirements established under this Act apply to
State grant-making agencies that make State and federal
pass-through awards to non-federal entities. These
requirements apply to all costs related to State and federal
pass-through awards. The requirements established under this
Act do not apply to private awards.
(a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
(b) The terms and conditions of State, federal, and
pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through
award. Pass-through entities shall comply with the

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

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through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.
(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
different types of awards. The same applicability applies to
this Act.
(e) (Blank).
(f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education.
(g) Each grant-making agency shall enhance its processes to
monitor and address noncompliance with reporting requirements
and with program performance standards. Where applicable, the
process may include a corrective action plan. The monitoring
process shall include a plan for tracking and documenting
performance-based contracting decisions.
(h) Notwithstanding any provision to the contrary, grants
and grant funds which may be awarded under this Act shall not
include funds derived from a motor fuel tax or funds derived
from the Motor Fuel Tax Fund.
(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;
101-81, eff. 7-12-19.)