Full Text of SB1697 102nd General Assembly
SB1697ham003 102ND GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/29/2021
| | 10200SB1697ham003 | | LRB102 15405 RJF 27265 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1697
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1697 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Grant Accountability and Transparency Act | 5 | | is amended by changing Sections 20, 25, and 45 as follows: | 6 | | (30 ILCS 708/20)
| 7 | | Sec. 20. Adoption of federal rules applicable to grants. | 8 | | (a) On or before July 1, 2016, the Governor's Office of | 9 | | Management and Budget, with the advice and technical | 10 | | assistance of the Illinois Single Audit Commission, shall | 11 | | adopt rules which adopt the Uniform Guidance at 2 CFR 200. The | 12 | | rules, which shall apply to all State and federal pass-through | 13 | | awards effective on and after July 1, 2016, shall include the | 14 | | following:
| 15 | | (1) Administrative requirements. In accordance with | 16 | | Subparts B through D of 2 CFR 200, the rules shall set |
| | | 10200SB1697ham003 | - 2 - | LRB102 15405 RJF 27265 a |
|
| 1 | | forth the uniform administrative requirements for grant | 2 | | and cooperative agreements, including the requirements for | 3 | | the management by State awarding agencies of federal grant | 4 | | programs before State and federal pass-through awards have | 5 | | been made and requirements that State awarding agencies | 6 | | may impose on non-federal entities in State and federal | 7 | | pass-through awards.
| 8 | | (2) Cost principles. In accordance with Subpart E of 2 | 9 | | CFR 200, the rules shall establish principles for | 10 | | determining the allowable costs incurred by non-federal | 11 | | entities under State and federal pass-through awards. The | 12 | | principles are intended for cost determination, but are | 13 | | not intended to identify the circumstances or dictate the | 14 | | extent of State or federal pass-through participation in | 15 | | financing a particular program or project. The principles | 16 | | shall provide that State and federal awards bear their | 17 | | fair share of cost recognized under these principles, | 18 | | except where restricted or prohibited by State or federal | 19 | | law.
| 20 | | (3) Audit and single audit requirements and audit | 21 | | follow-up. In accordance with Subpart F of 2 CFR 200 and | 22 | | the federal Single Audit Act Amendments of 1996, the rules | 23 | | shall set forth standards to obtain consistency and | 24 | | uniformity among State and federal pass-through awarding | 25 | | agencies for the audit of non-federal entities expending | 26 | | State and federal awards. These provisions shall also set |
| | | 10200SB1697ham003 | - 3 - | LRB102 15405 RJF 27265 a |
|
| 1 | | forth the policies and procedures for State and federal | 2 | | pass-through entities when using the results of these | 3 | | audits. | 4 | | The provisions of this item (3) do not apply to | 5 | | for-profit subrecipients because for-profit subrecipients | 6 | | are not subject to the requirements of 2 CFR 200, Subpart | 7 | | F, Audits of States, Local and Non-Profit Organizations. | 8 | | Audits of for-profit subrecipients must be conducted | 9 | | pursuant to a Program Audit Guide issued by the Federal | 10 | | awarding agency. If a Program Audit Guide is not | 11 | | available, the State awarding agency must prepare a | 12 | | Program Audit Guide in accordance with the 2 CFR 200, | 13 | | Subpart F – Audit Requirements - Compliance Supplement. | 14 | | For-profit entities are subject to all other general | 15 | | administrative requirements and cost principles applicable | 16 | | to grants. | 17 | | (b) This Act addresses only State and federal pass-through | 18 | | auditing functions and does not address the external audit | 19 | | function of the Auditor General. | 20 | | (c) For public institutions of higher education, the | 21 | | provisions of this Section apply only to awards funded by | 22 | | State appropriations and federal pass-through awards from a | 23 | | State agency to public institutions of higher education. | 24 | | Federal pass-through awards from a State agency to public | 25 | | institutions of higher education are governed by and must | 26 | | comply with federal guidelines under 2 CFR 200. |
| | | 10200SB1697ham003 | - 4 - | LRB102 15405 RJF 27265 a |
|
| 1 | | (d) The State grant-making agency is responsible for | 2 | | establishing requirements, as necessary, to ensure compliance | 3 | | by for-profit subrecipients. The agreement with the for-profit | 4 | | subrecipient shall describe the applicable compliance | 5 | | requirements and the for-profit subrecipient's compliance | 6 | | responsibility. Methods to ensure compliance for State and | 7 | | federal pass-through awards made to for-profit subrecipients | 8 | | shall include pre-award, audits, monitoring during the | 9 | | agreement, and post-award audits. The Governor's Office of | 10 | | Management and Budget shall provide such advice and technical | 11 | | assistance to the State grant-making agency as is necessary or | 12 | | indicated.
| 13 | | (Source: P.A. 99-523, eff. 6-30-16; 100-676, eff. 1-1-19 .) | 14 | | (30 ILCS 708/25)
| 15 | | Sec. 25. Supplemental rules. On or before July 1, 2017, | 16 | | the Governor's Office of Management and Budget, with the | 17 | | advice and technical assistance of the Illinois Single Audit | 18 | | Commission, shall adopt supplemental rules pertaining to the | 19 | | following: | 20 | | (1) Criteria to define mandatory formula-based grants | 21 | | and discretionary grants.
| 22 | | (2) The award of one-year grants for new applicants.
| 23 | | (3) The award of competitive grants in 3-year terms | 24 | | (one-year initial terms with the option to renew for up to | 25 | | 2 additional years) to coincide with the federal award.
|
| | | 10200SB1697ham003 | - 5 - | LRB102 15405 RJF 27265 a |
|
| 1 | | (4) The issuance of grants, including:
| 2 | | (A) public notice of announcements of funding | 3 | | opportunities; | 4 | | (B) the development of uniform grant applications;
| 5 | | (C) State agency review of merit of proposals and | 6 | | risk posed by applicants;
| 7 | | (D) specific conditions for individual recipients | 8 | | (including the use of a fiscal agent and additional | 9 | | corrective conditions);
| 10 | | (E) certifications and representations;
| 11 | | (F) pre-award costs;
| 12 | | (G) performance measures and statewide prioritized | 13 | | goals under Section 50-25 of the State Budget Law of | 14 | | the Civil Administrative Code of Illinois, commonly | 15 | | referred to as "Budgeting for Results"; and
| 16 | | (H) for mandatory formula grants, the merit of the | 17 | | proposal and the risk posed should result in | 18 | | additional reporting, monitoring, or measures such as | 19 | | reimbursement-basis only.
| 20 | | (5) The development of uniform budget requirements, | 21 | | which shall include:
| 22 | | (A) mandatory submission of budgets as part of the | 23 | | grant application process;
| 24 | | (B) mandatory requirements regarding contents of | 25 | | the budget including, at a minimum, common detail line | 26 | | items specified under guidelines issued by the |
| | | 10200SB1697ham003 | - 6 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Governor's Office of Management and Budget; | 2 | | (C) a requirement that the budget allow | 3 | | flexibility to add lines describing costs that are | 4 | | common for the services provided as outlined in the | 5 | | grant application; | 6 | | (D) a requirement that the budget include | 7 | | information necessary for analyzing cost and | 8 | | performance for use in Budgeting for Results; and | 9 | | (E) caps on the amount of salaries that may be | 10 | | charged to grants based on the limitations imposed by | 11 | | federal agencies. | 12 | | (6) The development of pre-qualification requirements | 13 | | for applicants, including the fiscal condition of the | 14 | | organization and the provision of the following | 15 | | information:
| 16 | | (A) organization name;
| 17 | | (B) Federal Employee Identification Number;
| 18 | | (C) Data Universal Numbering System (DUNS) number;
| 19 | | (D) fiscal condition;
| 20 | | (E) whether the applicant is in good standing with | 21 | | the Secretary of State;
| 22 | | (F) past performance in administering grants;
| 23 | | (G) whether the applicant is on the Debarred and | 24 | | Suspended List maintained by the Governor's Office of | 25 | | Management and Budget;
| 26 | | (H) whether the applicant is on the federal |
| | | 10200SB1697ham003 | - 7 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Excluded Parties List; and | 2 | | (I) whether the applicant is on the Sanctioned | 3 | | Party List maintained by the Illinois Department of | 4 | | Healthcare and Family Services.
| 5 | | Nothing in this Act affects the provisions of the Fiscal | 6 | | Control and Internal Auditing Act nor the requirement that the | 7 | | management of each State agency is responsible for maintaining | 8 | | effective internal controls under that Act. | 9 | | For public institutions of higher education, the | 10 | | provisions of this Section apply only to awards funded by | 11 | | State appropriations and federal pass-through awards from a | 12 | | State agency to public institutions of higher education.
| 13 | | (Source: P.A. 100-676, eff. 1-1-19; 100-997, eff. 8-20-18; | 14 | | 101-81, eff. 7-12-19 .) | 15 | | (30 ILCS 708/45)
| 16 | | Sec. 45. Applicability.
| 17 | | (a) Except as otherwise provided in this Section, the The | 18 | | requirements established under this Act apply to State | 19 | | grant-making agencies that make State and federal pass-through | 20 | | awards to non-federal entities. These requirements apply to | 21 | | all costs related to State and federal pass-through awards.
| 22 | | The requirements established under this Act do not apply to | 23 | | private awards , to allocations of State revenues paid over by | 24 | | the Comptroller to units of local government and other taxing | 25 | | districts pursuant to the State Revenue Sharing Act from the |
| | | 10200SB1697ham003 | - 8 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Local Government Distributive Fund or the Personal Property | 2 | | Tax Replacement Fund, or to allotments of State motor fuel tax | 3 | | revenues distributed by the Department of Transportation to | 4 | | units of local government pursuant to the Motor Fuel Tax Law | 5 | | from the Motor Fuel Tax Fund or the Transportation Renewal | 6 | | Fund . | 7 | | (a-5) Nothing in this Act shall prohibit the use of State | 8 | | funds for purposes of federal match or maintenance of effort. | 9 | | (b) The terms and conditions of State, federal, and | 10 | | pass-through awards apply to subawards and subrecipients | 11 | | unless a particular Section of this Act or the terms and | 12 | | conditions of the State or federal award specifically indicate | 13 | | otherwise. Non-federal entities shall comply with requirements | 14 | | of this Act regardless of whether the non-federal entity is a | 15 | | recipient or subrecipient of a State or federal pass-through | 16 | | award. Pass-through entities shall comply with the | 17 | | requirements set forth under the rules adopted under | 18 | | subsection (a) of Section 20 of this Act, but not to any | 19 | | requirements in this Act directed towards State or federal | 20 | | awarding agencies, unless the requirements of the State or | 21 | | federal awards indicate otherwise.
| 22 | | When a non-federal entity is awarded a cost-reimbursement | 23 | | contract, only 2 CFR 200.330 through 200.332 are incorporated | 24 | | by reference into the contract. However, when the Cost | 25 | | Accounting Standards are applicable to the contract, they take | 26 | | precedence over the requirements of this Act unless they are |
| | | 10200SB1697ham003 | - 9 - | LRB102 15405 RJF 27265 a |
|
| 1 | | in conflict with Subpart F of 2 CFR 200. In addition, costs | 2 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 | 3 | | U.S.C. 4304(a), as described in the Federal Acquisition | 4 | | Regulations, subpart 31.2 and subpart 31.603, are always | 5 | | unallowable. For requirements other than those covered in | 6 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | 7 | | contract and the Federal Acquisition Regulations apply.
| 8 | | With the exception of Subpart F of 2 CFR 200, which is | 9 | | required by the Single Audit Act, in any circumstances where | 10 | | the provisions of federal statutes or regulations differ from | 11 | | the provisions of this Act, the provision of the federal | 12 | | statutes or regulations govern. This includes, for agreements | 13 | | with Indian tribes, the provisions of the Indian | 14 | | Self-Determination and Education and Assistance Act, as | 15 | | amended, 25 U.S.C. 450-458ddd-2.
| 16 | | (c) State grant-making agencies may apply subparts A | 17 | | through E of 2 CFR 200 to for-profit entities, foreign public | 18 | | entities, or foreign organizations, except where the awarding | 19 | | agency determines that the application of these subparts would | 20 | | be inconsistent with the international obligations of the | 21 | | United States or the statute or regulations of a foreign | 22 | | government.
| 23 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | 24 | | different types of awards. The same applicability applies to | 25 | | this Act.
| 26 | | (e) (Blank). |
| | | 10200SB1697ham003 | - 10 - | LRB102 15405 RJF 27265 a |
|
| 1 | | (f) For public institutions of higher education, the | 2 | | provisions of this Act apply only to awards funded by State | 3 | | appropriations and federal pass-through awards from a State | 4 | | agency to public institutions of higher education. This Act | 5 | | shall recognize provisions in 2 CFR 200 as applicable to | 6 | | public institutions of higher education, including Appendix | 7 | | III of Part 200 and the cost principles under Subpart E. | 8 | | (g) Each grant-making agency shall enhance its processes | 9 | | to monitor and address noncompliance with reporting | 10 | | requirements and with program performance standards. Where | 11 | | applicable, the process may include a corrective action plan. | 12 | | The monitoring process shall include a plan for tracking and | 13 | | documenting performance-based contracting decisions.
| 14 | | (Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18; | 15 | | 101-81, eff. 7-12-19 .) | 16 | | Section 10. The Downstate Public Transportation Act is | 17 | | amended by changing Sections 2-3, 2-4, 2-5, 2-5.1, 2-7, 2-9, | 18 | | 2-10, 2-11, 2-12, 2-13, 2-14, 2-15.2, 2-15.3, and 2-17 as | 19 | | follows:
| 20 | | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| 21 | | Sec. 2-3. (a) As soon as possible after the first day of | 22 | | each month,
beginning July 1, 1984, upon certification of the | 23 | | Department of Revenue,
the Comptroller shall order | 24 | | transferred, and the Treasurer shall
transfer, from the |
| | | 10200SB1697ham003 | - 11 - | LRB102 15405 RJF 27265 a |
|
| 1 | | General Revenue Fund to a special fund in the State
Treasury | 2 | | which is hereby created, to be known as the Downstate Public
| 3 | | Transportation Fund, an amount equal to 2/32 (beginning July | 4 | | 1, 2005, 3/32) of the net revenue
realized from the Retailers' | 5 | | Occupation Tax Act, the Service Occupation Tax Act,
the Use | 6 | | Tax Act, and the Service Use Tax
Act from persons incurring | 7 | | municipal or
county retailers' or service occupation tax | 8 | | liability for the benefit of
any municipality or county | 9 | | located wholly within the boundaries of each
participant, | 10 | | other than any Metro-East Transit District participant
| 11 | | certified pursuant to subsection (c) of this Section during | 12 | | the
preceding month, except that the Department shall pay into | 13 | | the Downstate
Public Transportation Fund 2/32 (beginning July | 14 | | 1, 2005, 3/32) of 80% of the net revenue realized under
the | 15 | | State tax Acts named above within any municipality or county | 16 | | located
wholly within the boundaries of each participant, | 17 | | other than any Metro-East
participant, for tax periods | 18 | | beginning on or after January 1, 1990.
Net revenue realized | 19 | | for a month shall be the revenue
collected by the State | 20 | | pursuant to such Acts during the previous month
from persons | 21 | | incurring municipal or county retailers' or service
occupation | 22 | | tax liability for the benefit of any municipality or county
| 23 | | located wholly within the boundaries of a participant, less | 24 | | the amount
paid out during that same month as refunds or credit | 25 | | memoranda to
taxpayers for overpayment of liability under such | 26 | | Acts for the benefit
of any municipality or county located |
| | | 10200SB1697ham003 | - 12 - | LRB102 15405 RJF 27265 a |
|
| 1 | | wholly within the boundaries of a
participant. | 2 | | Notwithstanding any provision of law to the contrary, | 3 | | beginning on July 6, 2017 (the effective date of Public Act | 4 | | 100-23), those amounts required under this subsection (a) to | 5 | | be transferred by the Treasurer into the Downstate Public | 6 | | Transportation Fund from the General Revenue Fund shall be | 7 | | directly deposited into the Downstate Public Transportation | 8 | | Fund as the revenues are realized from the taxes indicated.
| 9 | | (b) As soon as possible after the first day of each month, | 10 | | beginning
July 1, 1989, upon certification of the Department | 11 | | of Revenue, the
Comptroller shall order transferred, and the | 12 | | Treasurer shall transfer, from
the General Revenue Fund to a | 13 | | special fund in the State Treasury which is
hereby created, to | 14 | | be known as the Metro-East Public Transportation Fund,
an | 15 | | amount equal to 2/32 of the net revenue realized, as above, | 16 | | from within
the boundaries of Madison, Monroe, and St. Clair | 17 | | Counties, except that the
Department shall pay into the | 18 | | Metro-East Public Transportation Fund 2/32 of
80% of the net | 19 | | revenue realized under the State tax Acts specified in
| 20 | | subsection (a) of this Section within the boundaries of
| 21 | | Madison, Monroe and St. Clair Counties for tax periods | 22 | | beginning on or
after January 1, 1990. A local match
| 23 | | equivalent to an amount which could be raised by a tax levy at | 24 | | the rate of
.05% on the assessed value of property within the | 25 | | boundaries of Madison County is required annually to cause a | 26 | | total of 2/32
of the net revenue to be deposited in the |
| | | 10200SB1697ham003 | - 13 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Metro-East Public Transportation
Fund. Failure to raise the | 2 | | required local match annually shall result in
only 1/32 being | 3 | | deposited into the Metro-East Public Transportation Fund
after | 4 | | July 1, 1989, or 1/32 of 80% of the net revenue realized for | 5 | | tax
periods beginning on or after January 1, 1990.
| 6 | | (b-5) As soon as possible after the first day of each | 7 | | month, beginning July 1, 2005, upon certification of the | 8 | | Department of Revenue, the Comptroller shall order | 9 | | transferred, and the Treasurer shall transfer, from the | 10 | | General Revenue Fund to the Downstate Public Transportation | 11 | | Fund, an amount equal to 3/32 of 80% of the net revenue | 12 | | realized from within the boundaries of Monroe and St. Clair | 13 | | Counties under the State Tax Acts specified in subsection (a) | 14 | | of this Section and provided further that, beginning July 1, | 15 | | 2005, the provisions of subsection (b) shall no longer apply | 16 | | with respect to such tax receipts from Monroe and St. Clair | 17 | | Counties.
| 18 | | Notwithstanding any provision of law to the contrary, | 19 | | beginning on July 6, 2017 (the effective date of Public Act | 20 | | 100-23), those amounts required under this subsection (b-5) to | 21 | | be transferred by the Treasurer into the Downstate Public | 22 | | Transportation Fund from the General Revenue Fund shall be | 23 | | directly deposited into the Downstate Public Transportation | 24 | | Fund as the revenues are realized from the taxes indicated. | 25 | | (b-6) As soon as possible after the first day of each | 26 | | month, beginning July 1, 2008, upon certification by the |
| | | 10200SB1697ham003 | - 14 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Department of Revenue, the Comptroller shall order transferred | 2 | | and the Treasurer shall transfer, from the General Revenue | 3 | | Fund to the Downstate Public Transportation Fund, an amount | 4 | | equal to 3/32 of 80% of the net revenue realized from within | 5 | | the boundaries of Madison County under the State Tax Acts | 6 | | specified in subsection (a) of this Section and provided | 7 | | further that, beginning July 1, 2008, the provisions of | 8 | | subsection (b) shall no longer apply with respect to such tax | 9 | | receipts from Madison County. | 10 | | Notwithstanding any provision of law to the contrary, | 11 | | beginning on July 6, 2017 (the effective date of Public Act | 12 | | 100-23), those amounts required under this subsection (b-6) to | 13 | | be transferred by the Treasurer into the Downstate Public | 14 | | Transportation Fund from the General Revenue Fund shall be | 15 | | directly deposited into the Downstate Public Transportation | 16 | | Fund as the revenues are realized from the taxes indicated. | 17 | | (b-7) Beginning July 1, 2018, notwithstanding the other | 18 | | provisions of this Section, instead of the Comptroller making | 19 | | monthly transfers from the General Revenue Fund to the | 20 | | Downstate Public Transportation Fund, the Department of | 21 | | Revenue shall deposit the designated fraction of the net | 22 | | revenue realized from collections under the Retailers' | 23 | | Occupation Tax Act, the Service Occupation Tax Act, the Use | 24 | | Tax Act, and the Service Use Tax Act directly into the | 25 | | Downstate Public Transportation Fund. | 26 | | (c) The Department shall certify to the Department of |
| | | 10200SB1697ham003 | - 15 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Revenue the
eligible participants under this Article and the | 2 | | territorial boundaries
of such participants for the purposes | 3 | | of the Department of Revenue in
subsections (a) and (b) of this | 4 | | Section.
| 5 | | (d) For the purposes of this Article, beginning in fiscal | 6 | | year 2009 the General Assembly shall appropriate
an amount | 7 | | from the Downstate Public Transportation Fund equal to the sum | 8 | | total of funds projected to be paid to the
participants | 9 | | pursuant to Section 2-7. If the General Assembly fails to make | 10 | | appropriations sufficient to cover the amounts projected to be | 11 | | paid pursuant to Section 2-7, this Act shall constitute an | 12 | | irrevocable and continuing appropriation from the Downstate | 13 | | Public Transportation Fund of all amounts necessary for those | 14 | | purposes. | 15 | | (e) (Blank). | 16 | | (f) (Blank). | 17 | | (g) (Blank).
| 18 | | (h) For State fiscal year 2020 only, notwithstanding any | 19 | | provision of law to the contrary, the total amount of revenue | 20 | | and deposits under this Section attributable to revenues | 21 | | realized during State fiscal year 2020 shall be reduced by 5%. | 22 | | (i) For State fiscal year 2021 only, notwithstanding any | 23 | | provision of law to the contrary, the total amount of revenue | 24 | | and deposits under this Section attributable to revenues | 25 | | realized during State fiscal year 2021 shall be reduced by 5%. | 26 | | (j) Commencing with State fiscal year 2022 programs, and |
| | | 10200SB1697ham003 | - 16 - | LRB102 15405 RJF 27265 a |
|
| 1 | | for each fiscal year thereafter, all appropriations made under | 2 | | the provisions of this Act shall not constitute a grant | 3 | | program subject to the requirements of the Grant | 4 | | Accountability and Transparency Act. The Department shall | 5 | | approve programs of proposed expenditures and services | 6 | | submitted by participants under the requirements of Sections | 7 | | 2-5 and 2-11. | 8 | | (Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18; | 9 | | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff. | 10 | | 6-5-19; 101-636, eff. 6-10-20.)
| 11 | | (30 ILCS 740/2-4) (from Ch. 111 2/3, par. 664)
| 12 | | Sec. 2-4.
The Department shall establish forms for the | 13 | | reporting
of projected and actual operating deficits and | 14 | | expenses and other required
information by the participants, | 15 | | and has the power to promulgate rules and
regulations for the | 16 | | filing of such reports within the limitations set out
in | 17 | | Sections 2-5, 2-6 and 2-7. Each participant shall be governed | 18 | | by the rules and regulations established under this Section.
| 19 | | (Source: P.A. 82-783.)
| 20 | | (30 ILCS 740/2-5) (from Ch. 111 2/3, par. 665)
| 21 | | Sec. 2-5. Applications. | 22 | | (a) Through State fiscal year 2021, each Each participant | 23 | | making application for grants pursuant to this Article
shall | 24 | | submit to the Department at the time of making such |
| | | 10200SB1697ham003 | - 17 - | LRB102 15405 RJF 27265 a |
|
| 1 | | application,
on forms provided by the Department: (1) (a) an | 2 | | estimate of projected
operating deficits and a separate | 3 | | statement of eligible
operating
expenses and an estimate of | 4 | | all projected operating income or revenues;
and (2) (b) a | 5 | | program of proposed expenditures; all such submittals to be
| 6 | | for the period of such grant. The program of proposed | 7 | | expenditures shall
be directly related to the operation, | 8 | | maintenance or improvement of an
existing system of public | 9 | | transportation serving the residents of the
participant, and | 10 | | shall include the proposed expenditures for eligible
operating | 11 | | expenses.
| 12 | | For Fiscal Year 1980 grant applications shall be submitted | 13 | | to the Department
within 60 days of the effective date of this | 14 | | amendatory Act of 1979. Beginning
with Fiscal Year 1981 and | 15 | | thereafter, grant applications shall be submitted
to the | 16 | | Department by April 1 of the preceding fiscal year. | 17 | | (b) For Fiscal Year 2022 applications for funding, and for | 18 | | each fiscal year thereafter, each participant making | 19 | | application for funding shall submit to the Department by | 20 | | April 1 of the preceding fiscal year, a program of proposed | 21 | | expenditures and services on forms provided by the Department, | 22 | | consisting of the following information: (1) an estimate of | 23 | | projected operating deficits and a separate statement of | 24 | | eligible operating expenses and an estimate of all projected | 25 | | operating income or revenues; and (2) a program of proposed | 26 | | expenditures and services; all such submittals to be for the |
| | | 10200SB1697ham003 | - 18 - | LRB102 15405 RJF 27265 a |
|
| 1 | | period of such project. The program of proposed expenditures | 2 | | and services shall be directly related to the operation, | 3 | | maintenance, or improvement of an existing system of public | 4 | | transportation serving the residents of the participant, and | 5 | | shall include the proposed expenditures and services for | 6 | | eligible operating expenses.
| 7 | | (Source: P.A. 82-783.)
| 8 | | (30 ILCS 740/2-5.1) | 9 | | Sec. 2-5.1. Additional requirements. | 10 | | (a) Through State fiscal year 2021, any Any unit of local | 11 | | government that becomes a participant on or after the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly shall, in addition to any other requirements under | 14 | | this Article, meet all of the following requirements when | 15 | | applying for grants under this Article:
| 16 | | (1) The grant application must demonstrate the | 17 | | participant's plan to provide general public | 18 | | transportation with an emphasis on persons with | 19 | | disabilities and elderly and economically disadvantaged | 20 | | populations. | 21 | | (2) The grant application must demonstrate the | 22 | | participant's plan for interagency coordination that, at a | 23 | | minimum, allows the participation of all State-funded and | 24 | | federally-funded agencies and programs with transportation | 25 | | needs in the proposed service area in the development of |
| | | 10200SB1697ham003 | - 19 - | LRB102 15405 RJF 27265 a |
|
| 1 | | the applicant's public transportation program. | 2 | | (3) Any participant serving a nonurbanized area that | 3 | | is not receiving Federal Section 5311 funding must meet | 4 | | the operating and safety compliance requirements as set | 5 | | forth in that federal program. | 6 | | (4) The participant is required to hold public | 7 | | hearings to allow comment on the proposed service plan in | 8 | | all municipalities with populations of 1,500 inhabitants | 9 | | or more within the proposed service area. | 10 | | (a-5) Any unit of local government that becomes a | 11 | | participant on or after the effective date of this amendatory | 12 | | Act of the 102nd General Assembly shall, in addition to any | 13 | | other requirements under this Article, meet all of the | 14 | | following requirements when applying for the approval of the | 15 | | program of proposed expenditures and services under this | 16 | | Article: | 17 | | (1) The program of proposed expenditures and services | 18 | | must demonstrate the participant's plan to provide general | 19 | | public transportation with an emphasis on persons with | 20 | | disabilities and elderly and economically disadvantaged | 21 | | populations. | 22 | | (2) The program of proposed expenditures and services | 23 | | must demonstrate the participant's plan for interagency | 24 | | coordination that, at a minimum, allows the participation | 25 | | of all State-funded and federally-funded agencies and | 26 | | programs with transportation needs in the proposed service |
| | | 10200SB1697ham003 | - 20 - | LRB102 15405 RJF 27265 a |
|
| 1 | | area in the development of the applicant's public | 2 | | transportation program. | 3 | | (3) Any participant serving a non-urbanized area that | 4 | | is not receiving Federal Section 5311 Program funding must | 5 | | meet the operating and safety compliance requirements as | 6 | | set forth in that federal program. | 7 | | (4) The participant is required to hold public | 8 | | hearings to allow comment on the proposed service plan in | 9 | | all municipalities with populations of 1,500 inhabitants | 10 | | or more within the proposed service area. | 11 | | (b) Service extensions by any participant after July 1, | 12 | | 2005 by either annexation or intergovernmental agreement must | 13 | | meet the 4 requirements of subsection (a). | 14 | | (c) In order to receive funding, the Department shall | 15 | | certify that the participant has met the requirements of this | 16 | | Section. Funding priority shall be given to service extension, | 17 | | multi-county, and multi-jurisdictional projects. | 18 | | (d) The Department shall develop an annual application | 19 | | process for existing or potential participants to request an | 20 | | initial appropriation or an appropriation exceeding the | 21 | | formula amount found in subsection (b-10) of Section 2-7 for | 22 | | funding service in new areas in the next fiscal year. The | 23 | | application shall include, but not be limited to, a | 24 | | description of the new service area, proposed service in the | 25 | | new area, and a budget for providing existing and new service. | 26 | | The Department shall review the application for reasonableness |
| | | 10200SB1697ham003 | - 21 - | LRB102 15405 RJF 27265 a |
|
| 1 | | and compliance with the requirements of this Section, and, if | 2 | | it approves the application, shall recommend to the Governor | 3 | | an appropriation for the next fiscal year in an amount | 4 | | sufficient to provide 65% of projected eligible operating | 5 | | expenses associated with a new participant's service area or | 6 | | the portion of an existing participant's service area that has | 7 | | been expanded by annexation or intergovernmental agreement. | 8 | | The recommended appropriation for the next fiscal year may | 9 | | exceed the formula amount found in subsection (b-10) of | 10 | | Section 2-7. | 11 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 12 | | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| 13 | | Sec. 2-7. Quarterly reports; annual audit.
| 14 | | (a) Any Metro-East Transit District participant shall, no
| 15 | | later than 60 days following the end of each quarter
of any | 16 | | fiscal year, file
with the Department on forms provided by the | 17 | | Department for that purpose, a
report of the actual operating | 18 | | deficit experienced during that quarter. The
Department shall, | 19 | | upon receipt of the quarterly report, determine whether
the | 20 | | operating deficits were incurred in conformity with
the | 21 | | program of proposed expenditures and services approved by the | 22 | | Department pursuant to
Section 2-11. Any Metro-East District | 23 | | may either monthly or quarterly for
any fiscal year file a | 24 | | request for the participant's eligible share, as
allocated in | 25 | | accordance with Section 2-6, of the amounts transferred into |
| | | 10200SB1697ham003 | - 22 - | LRB102 15405 RJF 27265 a |
|
| 1 | | the
Metro-East Public Transportation Fund.
| 2 | | (b) Each participant other than any Metro-East Transit | 3 | | District
participant shall, 30 days before the end of each | 4 | | quarter, file with the
Department
on forms provided by the | 5 | | Department for such purposes a report of the projected
| 6 | | eligible operating expenses to be incurred in the next quarter | 7 | | and 30 days
before the third and fourth quarters of any fiscal | 8 | | year a statement of actual
eligible operating expenses | 9 | | incurred in the preceding quarters. Except as otherwise | 10 | | provided in subsection (b-5), within
45 days of receipt by the | 11 | | Department of such quarterly report, the Comptroller
shall | 12 | | order paid and the Treasurer shall pay from the Downstate | 13 | | Public
Transportation Fund to each participant an amount equal | 14 | | to one-third of
such participant's eligible operating | 15 | | expenses; provided, however, that in
Fiscal Year 1997, the | 16 | | amount paid to each participant from the
Downstate Public | 17 | | Transportation Fund shall be an amount equal to 47% of
such | 18 | | participant's eligible operating expenses and shall be | 19 | | increased to 49%
in Fiscal Year 1998, 51% in Fiscal Year 1999, | 20 | | 53% in Fiscal Year 2000, 55%
in Fiscal Years
2001 through 2007, | 21 | | and 65% in Fiscal Year 2008 and thereafter; however, in any | 22 | | year that a participant
receives funding under subsection (i) | 23 | | of Section 2705-305 of the Department of
Transportation Law | 24 | | (20 ILCS 2705/2705-305), that participant shall be eligible
| 25 | | only for assistance equal to the following percentage of its | 26 | | eligible operating
expenses: 42% in Fiscal Year 1997, 44% in |
| | | 10200SB1697ham003 | - 23 - | LRB102 15405 RJF 27265 a |
|
| 1 | | Fiscal Year 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year | 2 | | 2000, and 50% in Fiscal Year 2001 and thereafter. Any
such | 3 | | payment for the third and fourth quarters of any fiscal year | 4 | | shall be
adjusted to reflect
actual eligible operating | 5 | | expenses for preceding quarters of such fiscal
year. However, | 6 | | no participant shall receive an amount less than that which
| 7 | | was received in the immediate prior year, provided in the | 8 | | event of a
shortfall in the fund those participants receiving | 9 | | less than their full
allocation pursuant to Section 2-6 of | 10 | | this Article shall be the first
participants to receive an | 11 | | amount not less than that received in the
immediate prior | 12 | | year.
| 13 | | (b-5) (Blank.)
| 14 | | (b-10) On July 1, 2008, each participant shall receive an | 15 | | appropriation in an amount equal to 65% of its fiscal year 2008 | 16 | | eligible operating expenses adjusted by the annual 10% | 17 | | increase required by Section 2-2.04 of this Act. In no case | 18 | | shall any participant receive an appropriation that is less | 19 | | than its fiscal year 2008 appropriation. Every fiscal year | 20 | | thereafter, each participant's appropriation shall increase by | 21 | | 10% over the appropriation established for the preceding | 22 | | fiscal year as required by Section 2-2.04 of this Act.
| 23 | | (b-15) Beginning on July 1, 2007, and for each fiscal year | 24 | | thereafter, each participant shall maintain a minimum local | 25 | | share contribution (from farebox and all other local revenues) | 26 | | equal to the actual amount provided in Fiscal Year 2006 or, for |
| | | 10200SB1697ham003 | - 24 - | LRB102 15405 RJF 27265 a |
|
| 1 | | new recipients, an amount equivalent to the local share | 2 | | provided in the first year of participation.
The local share | 3 | | contribution shall be reduced by an amount equal to the total | 4 | | amount of lost revenue for services provided under Section | 5 | | 2-15.2 and Section 2-15.3 of this Act. | 6 | | (b-20) Any participant in the Downstate Public | 7 | | Transportation Fund may use State operating assistance funding | 8 | | pursuant to this Section to provide transportation services | 9 | | within any county that is contiguous to its territorial | 10 | | boundaries as defined by the Department and subject to | 11 | | Departmental approval. Any such contiguous-area service | 12 | | provided by a participant after July 1, 2007 must meet the | 13 | | requirements of subsection (a) of Section 2-5.1.
| 14 | | (c) No later than 180 days following the last day of the | 15 | | Fiscal Year each
participant shall provide the Department with | 16 | | an audit prepared by a Certified
Public Accountant covering | 17 | | that Fiscal Year. For those participants other than a | 18 | | Metro-East Transit
District, any discrepancy between the funds | 19 | | grants paid and the
percentage of the eligible operating | 20 | | expenses provided for by paragraph
(b) of this Section shall | 21 | | be reconciled by appropriate payment or credit.
In the case of | 22 | | any Metro-East Transit District, any amount of payments from
| 23 | | the Metro-East Public Transportation Fund which exceed the | 24 | | eligible deficit
of the participant shall be reconciled by | 25 | | appropriate payment or credit.
| 26 | | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; |
| | | 10200SB1697ham003 | - 25 - | LRB102 15405 RJF 27265 a |
|
| 1 | | 95-906, eff. 8-26-08.)
| 2 | | (30 ILCS 740/2-9) (from Ch. 111 2/3, par. 669)
| 3 | | Sec. 2-9.
Each program of proposed expenditures and | 4 | | services shall, in the case of a system
of public | 5 | | transportation owned and operated by a participant, undertake
| 6 | | to meet operating deficits directly. The purchase of service | 7 | | agreements with a provider of public transportation services | 8 | | shall constitute an eligible expense Grants to a participant | 9 | | may be made
for services provided through purchase of service | 10 | | agreements with a provider of public
transportation services .
| 11 | | (Source: P.A. 82-783.)
| 12 | | (30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
| 13 | | Sec. 2-10. Cooperative projects. Nothing in this Act shall | 14 | | prohibit any participant from including in a
program of | 15 | | proposed expenditures and services funding for a portion of a | 16 | | cooperative
public transportation project or purpose, the | 17 | | total cost of which is shared
among one or more other | 18 | | participants or other financial contributors, as
long as the | 19 | | residents of the participant are served by any such project or
| 20 | | purpose.
| 21 | | (Source: P.A. 82-783.)
| 22 | | (30 ILCS 740/2-11) (from Ch. 111 2/3, par. 671)
| 23 | | Sec. 2-11.
The Department shall
review and approve or |
| | | 10200SB1697ham003 | - 26 - | LRB102 15405 RJF 27265 a |
|
| 1 | | disapprove within 45 days of receipt each program
of proposed | 2 | | expenditures and services submitted by any participant | 3 | | pursuant to the
provisions of Section 2-5 . Notwithstanding the | 4 | | above, in the event the Department is prevented from | 5 | | processing applications or certifying that a participant meets | 6 | | the requirements of this Section due to extraordinary | 7 | | circumstances beyond its control, the certification deadline | 8 | | for that application shall be stayed until the Department is | 9 | | able to process and certify the same. Notice from the | 10 | | Department, as well as an explanation of the extraordinary | 11 | | circumstances, shall be provided to each participant affected | 12 | | by such delay. The Department may disapprove a
program of | 13 | | proposed expenditures and services or portions thereof only | 14 | | for the
following reasons:
| 15 | | (a) A finding that expenditures are proposed for projects | 16 | | or
purposes which are not in compliance with Section 2-5; or
| 17 | | (b) A finding that expenditures are proposed for projects | 18 | | or
purposes which are in conflict with established | 19 | | comprehensive
transportation plans for a participant or a | 20 | | region of which it is a
part; or
| 21 | | (c) In Fiscal Year 1980, with regard to the participants | 22 | | which have not
received State operating assistance prior to | 23 | | the effective date of this
amendatory Act of 1979, a finding by | 24 | | the Department that a
proposed program submitted by such | 25 | | participant or any portion thereof is
not in the public | 26 | | interest in that levels or kinds of service proposed exceeds
|
| | | 10200SB1697ham003 | - 27 - | LRB102 15405 RJF 27265 a |
|
| 1 | | the reasonable needs of the community served by such | 2 | | participant as demonstrated
in the transportation development | 3 | | plan for such community or other studies
and information | 4 | | available to the Department.
| 5 | | (Source: P.A. 82-783.)
| 6 | | (30 ILCS 740/2-12) (from Ch. 111 2/3, par. 672)
| 7 | | Sec. 2-12. Disapproval of program. Upon disapproval of any | 8 | | program of proposed expenditures and services , the Department
| 9 | | shall so notify the chief official of the participant having | 10 | | submitted such
program, setting forth in detail the reasons | 11 | | for such disapproval.
Thereupon, any such participant shall | 12 | | have 45 days from the date of receipt
of such notice of | 13 | | disapproval by the Department to submit to the Department
one | 14 | | or more amended programs of proposed expenditures and | 15 | | services .
| 16 | | (Source: P.A. 82-783.)
| 17 | | (30 ILCS 740/2-13) (from Ch. 111 2/3, par. 673)
| 18 | | Sec. 2-13.
Review
of amended programs.
The Department | 19 | | shall review each amended program of proposed
expenditures and | 20 | | services submitted to it pursuant to the provisions of Section | 21 | | 2-12 and
may disapprove any such amended program of proposed | 22 | | expenditures and services only for
the reasons and in the same | 23 | | fashion set forth in Section 2-11.
| 24 | | (Source: P.A. 82-783.)
|
| | | 10200SB1697ham003 | - 28 - | LRB102 15405 RJF 27265 a |
|
| 1 | | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| 2 | | Sec. 2-14. Grants. | 3 | | (a) Upon a determination by the Department that any | 4 | | initial or amended
program of proposed expenditures is in | 5 | | compliance with the provisions of
this Act, and upon approval | 6 | | thereof, the Department shall enter into one or
more grant | 7 | | agreements with and shall make grants to that participant as
| 8 | | necessary to implement the adopted program of expenditures.
| 9 | | (b) All grants by the Department pursuant to this Act | 10 | | shall be
administered upon such conditions as the Secretary of | 11 | | Transportation shall
determine, consistent with the provisions | 12 | | and purpose of this Act. | 13 | | (c) For State fiscal year 2022 or any fiscal year | 14 | | thereafter, upon a determination by the Department that any | 15 | | initial or amended program of proposed expenditure is in | 16 | | compliance with the provisions of this Act, and upon approval | 17 | | thereof, the Department shall enter into one or more | 18 | | agreements with the participant and shall obligate for payment | 19 | | to that participant as necessary to implement the adopted | 20 | | program of expenditure.
| 21 | | (Source: P.A. 82-783.)
| 22 | | (30 ILCS 740/2-15.2) | 23 | | Sec. 2-15.2. Free services; eligibility. | 24 | | (a) Notwithstanding any law to the contrary, no later than |
| | | 10200SB1697ham003 | - 29 - | LRB102 15405 RJF 27265 a |
|
| 1 | | 60 days following the effective date of this amendatory Act of | 2 | | the 95th General Assembly and until subsection (b) is | 3 | | implemented, any fixed route public transportation services | 4 | | provided by, or under grant or purchase of service contracts | 5 | | of, every participant, as defined in Section 2-2.02 (1)(a), | 6 | | shall be provided without charge to all senior citizen | 7 | | residents of the participant aged 65 and older, under such | 8 | | conditions as shall be prescribed by the participant. | 9 | | (b) Notwithstanding any law to the contrary, no later than | 10 | | 180 days following the effective date of this amendatory Act | 11 | | of the 96th General Assembly, but only through State fiscal | 12 | | year 2021, any fixed route public transportation services | 13 | | provided by, or under grant or purchase of service contracts | 14 | | of, every participant, as defined in Section 2-2.02 (1)(a), | 15 | | shall be provided without charge to senior citizens aged 65 | 16 | | and older who meet the income eligibility limitation set forth | 17 | | in subsection (a-5) of Section 4 of the Senior Citizens and | 18 | | Persons with Disabilities Property Tax Relief Act, under such | 19 | | conditions as shall be prescribed by the participant. The | 20 | | Department on Aging shall furnish all information reasonably | 21 | | necessary to determine eligibility, including updated lists of | 22 | | individuals who are eligible for services without charge under | 23 | | this Section. Nothing in this Section shall relieve the | 24 | | participant from providing reduced fares as may be required by | 25 | | federal law.
| 26 | | (Source: P.A. 99-143, eff. 7-27-15.) |
| | | 10200SB1697ham003 | - 30 - | LRB102 15405 RJF 27265 a |
|
| 1 | | (30 ILCS 740/2-15.3)
| 2 | | Sec. 2-15.3. Transit services for individuals with | 3 | | disabilities. Notwithstanding any law to the contrary, no | 4 | | later than 60 days following the effective date of this | 5 | | amendatory Act of the 95th General Assembly, but only through | 6 | | State fiscal year 2021, all fixed route public transportation | 7 | | services provided by, or under grant or purchase of service | 8 | | contract of, any participant shall be provided without charge | 9 | | to all persons with disabilities who meet the income | 10 | | eligibility limitation set forth in subsection (a-5) of | 11 | | Section 4 of the Senior Citizens and Persons with Disabilities | 12 | | Property Tax Relief Act, under such procedures as shall be | 13 | | prescribed by the participant. The Department on Aging shall | 14 | | furnish all information reasonably necessary to determine | 15 | | eligibility, including updated lists of individuals who are | 16 | | eligible for services without charge under this Section.
| 17 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 18 | | (30 ILCS 740/2-17) (from Ch. 111 2/3, par. 678)
| 19 | | Sec. 2-17.
County authorization to provide public
| 20 | | transportation and to receive funds from appropriations to | 21 | | apply for funding grants in connection therewith.
(a) Any | 22 | | county or counties may, by ordinance, operate or otherwise
| 23 | | provide for public transportation within such county or | 24 | | counties. In order
to so provide for such public |
| | | 10200SB1697ham003 | - 31 - | LRB102 15405 RJF 27265 a |
|
| 1 | | transportation, any county or counties may
enter into | 2 | | agreements with any individual, corporation or other person or
| 3 | | private or public entity to operate or otherwise assist in the | 4 | | provision of
such public transportation services. Upon the | 5 | | execution of an agreement for
the operation of such public | 6 | | transportation, the operator shall file 3
copies of such | 7 | | agreement certified by the clerk of the county executing the
| 8 | | same with the Illinois Commerce Commission. Thereafter the | 9 | | Illinois
Commerce Commission shall enter an order directing | 10 | | compliance by the
operator with the provisions of Sections 55a | 11 | | and 55b of "An Act concerning
public utilities", approved June | 12 | | 28, 1921, as amended.
| 13 | | (b) Any county may apply for, accept and expend moneys | 14 | | grants , loans or other
funds from the State of Illinois or any | 15 | | department or agency thereof, from
any unit of local | 16 | | government, from the federal government or any department
or | 17 | | agency thereof, or from any other person or entity, for use in
| 18 | | connection with any public transportation provided pursuant to | 19 | | this Section.
| 20 | | (Source: P.A. 82-783.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
|
|