Full Text of SB1697 102nd General Assembly
SB1697enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | forth the uniform administrative requirements for grant | 18 | | and cooperative agreements, including the requirements for | 19 | | the management by State awarding agencies of federal grant | 20 | | programs before State and federal pass-through awards have | 21 | | been made and requirements that State awarding agencies | 22 | | may impose on non-federal entities in State and federal | 23 | | pass-through awards.
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| 1 | | (2) Cost principles. In accordance with Subpart E of 2 | 2 | | CFR 200, the rules shall establish principles for | 3 | | determining the allowable costs incurred by non-federal | 4 | | entities under State and federal pass-through awards. The | 5 | | principles are intended for cost determination, but are | 6 | | not intended to identify the circumstances or dictate the | 7 | | extent of State or federal pass-through participation in | 8 | | financing a particular program or project. The principles | 9 | | shall provide that State and federal awards bear their | 10 | | fair share of cost recognized under these principles, | 11 | | except where restricted or prohibited by State or federal | 12 | | law.
| 13 | | (3) Audit and single audit requirements and audit | 14 | | follow-up. In accordance with Subpart F of 2 CFR 200 and | 15 | | the federal Single Audit Act Amendments of 1996, the rules | 16 | | shall set forth standards to obtain consistency and | 17 | | uniformity among State and federal pass-through awarding | 18 | | agencies for the audit of non-federal entities expending | 19 | | State and federal awards. These provisions shall also set | 20 | | forth the policies and procedures for State and federal | 21 | | pass-through entities when using the results of these | 22 | | audits. | 23 | | The provisions of this item (3) do not apply to | 24 | | for-profit subrecipients because for-profit subrecipients | 25 | | are not subject to the requirements of 2 CFR 200, Subpart | 26 | | F, Audits of States, Local and Non-Profit Organizations. |
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| 1 | | Audits of for-profit subrecipients must be conducted | 2 | | pursuant to a Program Audit Guide issued by the Federal | 3 | | awarding agency. If a Program Audit Guide is not | 4 | | available, the State awarding agency must prepare a | 5 | | Program Audit Guide in accordance with the 2 CFR 200, | 6 | | Subpart F – Audit Requirements - Compliance Supplement. | 7 | | For-profit entities are subject to all other general | 8 | | administrative requirements and cost principles applicable | 9 | | to grants. | 10 | | (b) This Act addresses only State and federal pass-through | 11 | | auditing functions and does not address the external audit | 12 | | function of the Auditor General. | 13 | | (c) For public institutions of higher education, the | 14 | | provisions of this Section apply only to awards funded by | 15 | | State appropriations and federal pass-through awards from a | 16 | | State agency to public institutions of higher education. | 17 | | Federal pass-through awards from a State agency to public | 18 | | institutions of higher education are governed by and must | 19 | | comply with federal guidelines under 2 CFR 200. | 20 | | (d) The State grant-making agency is responsible for | 21 | | establishing requirements, as necessary, to ensure compliance | 22 | | by for-profit subrecipients. The agreement with the for-profit | 23 | | subrecipient shall describe the applicable compliance | 24 | | requirements and the for-profit subrecipient's compliance | 25 | | responsibility. Methods to ensure compliance for State and | 26 | | federal pass-through awards made to for-profit subrecipients |
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| 1 | | shall include pre-award, audits, monitoring during the | 2 | | agreement, and post-award audits. The Governor's Office of | 3 | | Management and Budget shall provide such advice and technical | 4 | | assistance to the State grant-making agency as is necessary or | 5 | | indicated.
| 6 | | (Source: P.A. 99-523, eff. 6-30-16; 100-676, eff. 1-1-19 .) | 7 | | (30 ILCS 708/25)
| 8 | | Sec. 25. Supplemental rules. On or before July 1, 2017, | 9 | | the Governor's Office of Management and Budget, with the | 10 | | advice and technical assistance of the Illinois Single Audit | 11 | | Commission, shall adopt supplemental rules pertaining to the | 12 | | following: | 13 | | (1) Criteria to define mandatory formula-based grants | 14 | | and discretionary grants.
| 15 | | (2) The award of one-year grants for new applicants.
| 16 | | (3) The award of competitive grants in 3-year terms | 17 | | (one-year initial terms with the option to renew for up to | 18 | | 2 additional years) to coincide with the federal award.
| 19 | | (4) The issuance of grants, including:
| 20 | | (A) public notice of announcements of funding | 21 | | opportunities; | 22 | | (B) the development of uniform grant applications;
| 23 | | (C) State agency review of merit of proposals and | 24 | | risk posed by applicants;
| 25 | | (D) specific conditions for individual recipients |
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| 1 | | (including the use of a fiscal agent and additional | 2 | | corrective conditions);
| 3 | | (E) certifications and representations;
| 4 | | (F) pre-award costs;
| 5 | | (G) performance measures and statewide prioritized | 6 | | goals under Section 50-25 of the State Budget Law of | 7 | | the Civil Administrative Code of Illinois, commonly | 8 | | referred to as "Budgeting for Results"; and
| 9 | | (H) for mandatory formula grants, the merit of the | 10 | | proposal and the risk posed should result in | 11 | | additional reporting, monitoring, or measures such as | 12 | | reimbursement-basis only.
| 13 | | (5) The development of uniform budget requirements, | 14 | | which shall include:
| 15 | | (A) mandatory submission of budgets as part of the | 16 | | grant application process;
| 17 | | (B) mandatory requirements regarding contents of | 18 | | the budget including, at a minimum, common detail line | 19 | | items specified under guidelines issued by the | 20 | | Governor's Office of Management and Budget; | 21 | | (C) a requirement that the budget allow | 22 | | flexibility to add lines describing costs that are | 23 | | common for the services provided as outlined in the | 24 | | grant application; | 25 | | (D) a requirement that the budget include | 26 | | information necessary for analyzing cost and |
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| 1 | | performance for use in Budgeting for Results; and | 2 | | (E) caps on the amount of salaries that may be | 3 | | charged to grants based on the limitations imposed by | 4 | | federal agencies. | 5 | | (6) The development of pre-qualification requirements | 6 | | for applicants, including the fiscal condition of the | 7 | | organization and the provision of the following | 8 | | information:
| 9 | | (A) organization name;
| 10 | | (B) Federal Employee Identification Number;
| 11 | | (C) Data Universal Numbering System (DUNS) number;
| 12 | | (D) fiscal condition;
| 13 | | (E) whether the applicant is in good standing with | 14 | | the Secretary of State;
| 15 | | (F) past performance in administering grants;
| 16 | | (G) whether the applicant is on the Debarred and | 17 | | Suspended List maintained by the Governor's Office of | 18 | | Management and Budget;
| 19 | | (H) whether the applicant is on the federal | 20 | | Excluded Parties List; and | 21 | | (I) whether the applicant is on the Sanctioned | 22 | | Party List maintained by the Illinois Department of | 23 | | Healthcare and Family Services.
| 24 | | Nothing in this Act affects the provisions of the Fiscal | 25 | | Control and Internal Auditing Act nor the requirement that the | 26 | | management of each State agency is responsible for maintaining |
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| 1 | | effective internal controls under that Act. | 2 | | For public institutions of higher education, the | 3 | | provisions of this Section apply only to awards funded by | 4 | | State appropriations and federal pass-through awards from a | 5 | | State agency to public institutions of higher education.
| 6 | | (Source: P.A. 100-676, eff. 1-1-19; 100-997, eff. 8-20-18; | 7 | | 101-81, eff. 7-12-19 .) | 8 | | (30 ILCS 708/45)
| 9 | | Sec. 45. Applicability.
| 10 | | (a) Except as otherwise provided in this Section, the The | 11 | | requirements established under this Act apply to State | 12 | | grant-making agencies that make State and federal pass-through | 13 | | awards to non-federal entities. These requirements apply to | 14 | | all costs related to State and federal pass-through awards.
| 15 | | The requirements established under this Act do not apply to | 16 | | private awards , to allocations of State revenues paid over by | 17 | | the Comptroller to units of local government and other taxing | 18 | | districts pursuant to the State Revenue Sharing Act from the | 19 | | Local Government Distributive Fund or the Personal Property | 20 | | Tax Replacement Fund, or to allotments of State motor fuel tax | 21 | | revenues distributed by the Department of Transportation to | 22 | | units of local government pursuant to the Motor Fuel Tax Law | 23 | | from the Motor Fuel Tax Fund or the Transportation Renewal | 24 | | Fund . | 25 | | (a-5) Nothing in this Act shall prohibit the use of State |
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| 1 | | funds for purposes of federal match or maintenance of effort. | 2 | | (b) The terms and conditions of State, federal, and | 3 | | pass-through awards apply to subawards and subrecipients | 4 | | unless a particular Section of this Act or the terms and | 5 | | conditions of the State or federal award specifically indicate | 6 | | otherwise. Non-federal entities shall comply with requirements | 7 | | of this Act regardless of whether the non-federal entity is a | 8 | | recipient or subrecipient of a State or federal pass-through | 9 | | award. Pass-through entities shall comply with the | 10 | | requirements set forth under the rules adopted under | 11 | | subsection (a) of Section 20 of this Act, but not to any | 12 | | requirements in this Act directed towards State or federal | 13 | | awarding agencies, unless the requirements of the State or | 14 | | federal awards indicate otherwise.
| 15 | | When a non-federal entity is awarded a cost-reimbursement | 16 | | contract, only 2 CFR 200.330 through 200.332 are incorporated | 17 | | by reference into the contract. However, when the Cost | 18 | | Accounting Standards are applicable to the contract, they take | 19 | | precedence over the requirements of this Act unless they are | 20 | | in conflict with Subpart F of 2 CFR 200. In addition, costs | 21 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 | 22 | | U.S.C. 4304(a), as described in the Federal Acquisition | 23 | | Regulations, subpart 31.2 and subpart 31.603, are always | 24 | | unallowable. For requirements other than those covered in | 25 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | 26 | | contract and the Federal Acquisition Regulations apply.
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| 1 | | With the exception of Subpart F of 2 CFR 200, which is | 2 | | required by the Single Audit Act, in any circumstances where | 3 | | the provisions of federal statutes or regulations differ from | 4 | | the provisions of this Act, the provision of the federal | 5 | | statutes or regulations govern. This includes, for agreements | 6 | | with Indian tribes, the provisions of the Indian | 7 | | Self-Determination and Education and Assistance Act, as | 8 | | amended, 25 U.S.C. 450-458ddd-2.
| 9 | | (c) State grant-making agencies may apply subparts A | 10 | | through E of 2 CFR 200 to for-profit entities, foreign public | 11 | | entities, or foreign organizations, except where the awarding | 12 | | agency determines that the application of these subparts would | 13 | | be inconsistent with the international obligations of the | 14 | | United States or the statute or regulations of a foreign | 15 | | government.
| 16 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | 17 | | different types of awards. The same applicability applies to | 18 | | this Act.
| 19 | | (e) (Blank). | 20 | | (f) For public institutions of higher education, the | 21 | | provisions of this Act apply only to awards funded by State | 22 | | appropriations and federal pass-through awards from a State | 23 | | agency to public institutions of higher education. This Act | 24 | | shall recognize provisions in 2 CFR 200 as applicable to | 25 | | public institutions of higher education, including Appendix | 26 | | III of Part 200 and the cost principles under Subpart E. |
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| 1 | | (g) Each grant-making agency shall enhance its processes | 2 | | to monitor and address noncompliance with reporting | 3 | | requirements and with program performance standards. Where | 4 | | applicable, the process may include a corrective action plan. | 5 | | The monitoring process shall include a plan for tracking and | 6 | | documenting performance-based contracting decisions.
| 7 | | (Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18; | 8 | | 101-81, eff. 7-12-19 .) | 9 | | Section 10. The Downstate Public Transportation Act is | 10 | | amended by changing Sections 2-3, 2-4, 2-5, 2-5.1, 2-7, 2-9, | 11 | | 2-10, 2-11, 2-12, 2-13, 2-14, 2-15.2, 2-15.3, and 2-17 as | 12 | | follows:
| 13 | | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| 14 | | Sec. 2-3. (a) As soon as possible after the first day of | 15 | | each month,
beginning July 1, 1984, upon certification of the | 16 | | Department of Revenue,
the Comptroller shall order | 17 | | transferred, and the Treasurer shall
transfer, from the | 18 | | General Revenue Fund to a special fund in the State
Treasury | 19 | | which is hereby created, to be known as the Downstate Public
| 20 | | Transportation Fund, an amount equal to 2/32 (beginning July | 21 | | 1, 2005, 3/32) of the net revenue
realized from the Retailers' | 22 | | Occupation Tax Act, the Service Occupation Tax Act,
the Use | 23 | | Tax Act, and the Service Use Tax
Act from persons incurring | 24 | | municipal or
county retailers' or service occupation tax |
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| 1 | | liability for the benefit of
any municipality or county | 2 | | located wholly within the boundaries of each
participant, | 3 | | other than any Metro-East Transit District participant
| 4 | | certified pursuant to subsection (c) of this Section during | 5 | | the
preceding month, except that the Department shall pay into | 6 | | the Downstate
Public Transportation Fund 2/32 (beginning July | 7 | | 1, 2005, 3/32) of 80% of the net revenue realized under
the | 8 | | State tax Acts named above within any municipality or county | 9 | | located
wholly within the boundaries of each participant, | 10 | | other than any Metro-East
participant, for tax periods | 11 | | beginning on or after January 1, 1990.
Net revenue realized | 12 | | for a month shall be the revenue
collected by the State | 13 | | pursuant to such Acts during the previous month
from persons | 14 | | incurring municipal or county retailers' or service
occupation | 15 | | tax liability for the benefit of any municipality or county
| 16 | | located wholly within the boundaries of a participant, less | 17 | | the amount
paid out during that same month as refunds or credit | 18 | | memoranda to
taxpayers for overpayment of liability under such | 19 | | Acts for the benefit
of any municipality or county located | 20 | | wholly within the boundaries of a
participant. | 21 | | Notwithstanding any provision of law to the contrary, | 22 | | beginning on July 6, 2017 (the effective date of Public Act | 23 | | 100-23), those amounts required under this subsection (a) to | 24 | | be transferred by the Treasurer into the Downstate Public | 25 | | Transportation Fund from the General Revenue Fund shall be | 26 | | directly deposited into the Downstate Public Transportation |
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| 1 | | Fund as the revenues are realized from the taxes indicated.
| 2 | | (b) As soon as possible after the first day of each month, | 3 | | beginning
July 1, 1989, upon certification of the Department | 4 | | of Revenue, the
Comptroller shall order transferred, and the | 5 | | Treasurer shall transfer, from
the General Revenue Fund to a | 6 | | special fund in the State Treasury which is
hereby created, to | 7 | | be known as the Metro-East Public Transportation Fund,
an | 8 | | amount equal to 2/32 of the net revenue realized, as above, | 9 | | from within
the boundaries of Madison, Monroe, and St. Clair | 10 | | Counties, except that the
Department shall pay into the | 11 | | Metro-East Public Transportation Fund 2/32 of
80% of the net | 12 | | revenue realized under the State tax Acts specified in
| 13 | | subsection (a) of this Section within the boundaries of
| 14 | | Madison, Monroe and St. Clair Counties for tax periods | 15 | | beginning on or
after January 1, 1990. A local match
| 16 | | equivalent to an amount which could be raised by a tax levy at | 17 | | the rate of
.05% on the assessed value of property within the | 18 | | boundaries of Madison County is required annually to cause a | 19 | | total of 2/32
of the net revenue to be deposited in the | 20 | | Metro-East Public Transportation
Fund. Failure to raise the | 21 | | required local match annually shall result in
only 1/32 being | 22 | | deposited into the Metro-East Public Transportation Fund
after | 23 | | July 1, 1989, or 1/32 of 80% of the net revenue realized for | 24 | | tax
periods beginning on or after January 1, 1990.
| 25 | | (b-5) As soon as possible after the first day of each | 26 | | month, beginning July 1, 2005, upon certification of the |
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| 1 | | Department of Revenue, the Comptroller shall order | 2 | | transferred, and the Treasurer shall transfer, from the | 3 | | General Revenue Fund to the Downstate Public Transportation | 4 | | Fund, an amount equal to 3/32 of 80% of the net revenue | 5 | | realized from within the boundaries of Monroe and St. Clair | 6 | | Counties under the State Tax Acts specified in subsection (a) | 7 | | of this Section and provided further that, beginning July 1, | 8 | | 2005, the provisions of subsection (b) shall no longer apply | 9 | | with respect to such tax receipts from Monroe and St. Clair | 10 | | Counties.
| 11 | | Notwithstanding any provision of law to the contrary, | 12 | | beginning on July 6, 2017 (the effective date of Public Act | 13 | | 100-23), those amounts required under this subsection (b-5) to | 14 | | be transferred by the Treasurer into the Downstate Public | 15 | | Transportation Fund from the General Revenue Fund shall be | 16 | | directly deposited into the Downstate Public Transportation | 17 | | Fund as the revenues are realized from the taxes indicated. | 18 | | (b-6) As soon as possible after the first day of each | 19 | | month, beginning July 1, 2008, upon certification by the | 20 | | Department of Revenue, the Comptroller shall order transferred | 21 | | and the Treasurer shall transfer, from the General Revenue | 22 | | Fund to the Downstate Public Transportation Fund, an amount | 23 | | equal to 3/32 of 80% of the net revenue realized from within | 24 | | the boundaries of Madison County under the State Tax Acts | 25 | | specified in subsection (a) of this Section and provided | 26 | | further that, beginning July 1, 2008, the provisions of |
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| 1 | | subsection (b) shall no longer apply with respect to such tax | 2 | | receipts from Madison County. | 3 | | Notwithstanding any provision of law to the contrary, | 4 | | beginning on July 6, 2017 (the effective date of Public Act | 5 | | 100-23), those amounts required under this subsection (b-6) to | 6 | | be transferred by the Treasurer into the Downstate Public | 7 | | Transportation Fund from the General Revenue Fund shall be | 8 | | directly deposited into the Downstate Public Transportation | 9 | | Fund as the revenues are realized from the taxes indicated. | 10 | | (b-7) Beginning July 1, 2018, notwithstanding the other | 11 | | provisions of this Section, instead of the Comptroller making | 12 | | monthly transfers from the General Revenue Fund to the | 13 | | Downstate Public Transportation Fund, the Department of | 14 | | Revenue shall deposit the designated fraction of the net | 15 | | revenue realized from collections under the Retailers' | 16 | | Occupation Tax Act, the Service Occupation Tax Act, the Use | 17 | | Tax Act, and the Service Use Tax Act directly into the | 18 | | Downstate Public Transportation Fund. | 19 | | (c) The Department shall certify to the Department of | 20 | | Revenue the
eligible participants under this Article and the | 21 | | territorial boundaries
of such participants for the purposes | 22 | | of the Department of Revenue in
subsections (a) and (b) of this | 23 | | Section.
| 24 | | (d) For the purposes of this Article, beginning in fiscal | 25 | | year 2009 the General Assembly shall appropriate
an amount | 26 | | from the Downstate Public Transportation Fund equal to the sum |
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| 1 | | total of funds projected to be paid to the
participants | 2 | | pursuant to Section 2-7. If the General Assembly fails to make | 3 | | appropriations sufficient to cover the amounts projected to be | 4 | | paid pursuant to Section 2-7, this Act shall constitute an | 5 | | irrevocable and continuing appropriation from the Downstate | 6 | | Public Transportation Fund of all amounts necessary for those | 7 | | purposes. | 8 | | (e) (Blank). | 9 | | (f) (Blank). | 10 | | (g) (Blank).
| 11 | | (h) For State fiscal year 2020 only, notwithstanding any | 12 | | provision of law to the contrary, the total amount of revenue | 13 | | and deposits under this Section attributable to revenues | 14 | | realized during State fiscal year 2020 shall be reduced by 5%. | 15 | | (i) For State fiscal year 2021 only, notwithstanding any | 16 | | provision of law to the contrary, the total amount of revenue | 17 | | and deposits under this Section attributable to revenues | 18 | | realized during State fiscal year 2021 shall be reduced by 5%. | 19 | | (j) Commencing with State fiscal year 2022 programs, and | 20 | | for each fiscal year thereafter, all appropriations made under | 21 | | the provisions of this Act shall not constitute a grant | 22 | | program subject to the requirements of the Grant | 23 | | Accountability and Transparency Act. The Department shall | 24 | | approve programs of proposed expenditures and services | 25 | | submitted by participants under the requirements of Sections | 26 | | 2-5 and 2-11. |
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| 1 | | (Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18; | 2 | | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff. | 3 | | 6-5-19; 101-636, eff. 6-10-20.)
| 4 | | (30 ILCS 740/2-4) (from Ch. 111 2/3, par. 664)
| 5 | | Sec. 2-4.
The Department shall establish forms for the | 6 | | reporting
of projected and actual operating deficits and | 7 | | expenses and other required
information by the participants, | 8 | | and has the power to promulgate rules and
regulations for the | 9 | | filing of such reports within the limitations set out
in | 10 | | Sections 2-5, 2-6 and 2-7. Each participant shall be governed | 11 | | by the rules and regulations established under this Section.
| 12 | | (Source: P.A. 82-783.)
| 13 | | (30 ILCS 740/2-5) (from Ch. 111 2/3, par. 665)
| 14 | | Sec. 2-5. Applications. | 15 | | (a) Through State fiscal year 2021, each Each participant | 16 | | making application for grants pursuant to this Article
shall | 17 | | submit to the Department at the time of making such | 18 | | application,
on forms provided by the Department: (1) (a) an | 19 | | estimate of projected
operating deficits and a separate | 20 | | statement of eligible
operating
expenses and an estimate of | 21 | | all projected operating income or revenues;
and (2) (b) a | 22 | | program of proposed expenditures; all such submittals to be
| 23 | | for the period of such grant. The program of proposed | 24 | | expenditures shall
be directly related to the operation, |
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| 1 | | maintenance or improvement of an
existing system of public | 2 | | transportation serving the residents of the
participant, and | 3 | | shall include the proposed expenditures for eligible
operating | 4 | | expenses.
| 5 | | For Fiscal Year 1980 grant applications shall be submitted | 6 | | to the Department
within 60 days of the effective date of this | 7 | | amendatory Act of 1979. Beginning
with Fiscal Year 1981 and | 8 | | thereafter, grant applications shall be submitted
to the | 9 | | Department by April 1 of the preceding fiscal year. | 10 | | (b) For Fiscal Year 2022 applications for funding, and for | 11 | | each fiscal year thereafter, each participant making | 12 | | application for funding shall submit to the Department by | 13 | | April 1 of the preceding fiscal year, a program of proposed | 14 | | expenditures and services on forms provided by the Department, | 15 | | consisting of the following information: (1) an estimate of | 16 | | projected operating deficits and a separate statement of | 17 | | eligible operating expenses and an estimate of all projected | 18 | | operating income or revenues; and (2) a program of proposed | 19 | | expenditures and services; all such submittals to be for the | 20 | | period of such project. The program of proposed expenditures | 21 | | and services shall be directly related to the operation, | 22 | | maintenance, or improvement of an existing system of public | 23 | | transportation serving the residents of the participant, and | 24 | | shall include the proposed expenditures and services for | 25 | | eligible operating expenses.
| 26 | | (Source: P.A. 82-783.)
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| 1 | | (30 ILCS 740/2-5.1) | 2 | | Sec. 2-5.1. Additional requirements. | 3 | | (a) Through State fiscal year 2021, any Any unit of local | 4 | | government that becomes a participant on or after the | 5 | | effective date of this amendatory Act of the 94th General | 6 | | Assembly shall, in addition to any other requirements under | 7 | | this Article, meet all of the following requirements when | 8 | | applying for grants under this Article:
| 9 | | (1) The grant application must demonstrate the | 10 | | participant's plan to provide general public | 11 | | transportation with an emphasis on persons with | 12 | | disabilities and elderly and economically disadvantaged | 13 | | populations. | 14 | | (2) The grant application must demonstrate the | 15 | | participant's plan for interagency coordination that, at a | 16 | | minimum, allows the participation of all State-funded and | 17 | | federally-funded agencies and programs with transportation | 18 | | needs in the proposed service area in the development of | 19 | | the applicant's public transportation program. | 20 | | (3) Any participant serving a nonurbanized area that | 21 | | is not receiving Federal Section 5311 funding must meet | 22 | | the operating and safety compliance requirements as set | 23 | | forth in that federal program. | 24 | | (4) The participant is required to hold public | 25 | | hearings to allow comment on the proposed service plan in |
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| 1 | | all municipalities with populations of 1,500 inhabitants | 2 | | or more within the proposed service area. | 3 | | (a-5) Any unit of local government that becomes a | 4 | | participant on or after the effective date of this amendatory | 5 | | Act of the 102nd General Assembly shall, in addition to any | 6 | | other requirements under this Article, meet all of the | 7 | | following requirements when applying for the approval of the | 8 | | program of proposed expenditures and services under this | 9 | | Article: | 10 | | (1) The program of proposed expenditures and services | 11 | | must demonstrate the participant's plan to provide general | 12 | | public transportation with an emphasis on persons with | 13 | | disabilities and elderly and economically disadvantaged | 14 | | populations. | 15 | | (2) The program of proposed expenditures and services | 16 | | must demonstrate the participant's plan for interagency | 17 | | coordination that, at a minimum, allows the participation | 18 | | of all State-funded and federally-funded agencies and | 19 | | programs with transportation needs in the proposed service | 20 | | area in the development of the applicant's public | 21 | | transportation program. | 22 | | (3) Any participant serving a non-urbanized area that | 23 | | is not receiving Federal Section 5311 Program funding must | 24 | | meet the operating and safety compliance requirements as | 25 | | set forth in that federal program. | 26 | | (4) The participant is required to hold public |
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| 1 | | hearings to allow comment on the proposed service plan in | 2 | | all municipalities with populations of 1,500 inhabitants | 3 | | or more within the proposed service area. | 4 | | (b) Service extensions by any participant after July 1, | 5 | | 2005 by either annexation or intergovernmental agreement must | 6 | | meet the 4 requirements of subsection (a). | 7 | | (c) In order to receive funding, the Department shall | 8 | | certify that the participant has met the requirements of this | 9 | | Section. Funding priority shall be given to service extension, | 10 | | multi-county, and multi-jurisdictional projects. | 11 | | (d) The Department shall develop an annual application | 12 | | process for existing or potential participants to request an | 13 | | initial appropriation or an appropriation exceeding the | 14 | | formula amount found in subsection (b-10) of Section 2-7 for | 15 | | funding service in new areas in the next fiscal year. The | 16 | | application shall include, but not be limited to, a | 17 | | description of the new service area, proposed service in the | 18 | | new area, and a budget for providing existing and new service. | 19 | | The Department shall review the application for reasonableness | 20 | | and compliance with the requirements of this Section, and, if | 21 | | it approves the application, shall recommend to the Governor | 22 | | an appropriation for the next fiscal year in an amount | 23 | | sufficient to provide 65% of projected eligible operating | 24 | | expenses associated with a new participant's service area or | 25 | | the portion of an existing participant's service area that has | 26 | | been expanded by annexation or intergovernmental agreement. |
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| 1 | | The recommended appropriation for the next fiscal year may | 2 | | exceed the formula amount found in subsection (b-10) of | 3 | | Section 2-7. | 4 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 5 | | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| 6 | | Sec. 2-7. Quarterly reports; annual audit.
| 7 | | (a) Any Metro-East Transit District participant shall, no
| 8 | | later than 60 days following the end of each quarter
of any | 9 | | fiscal year, file
with the Department on forms provided by the | 10 | | Department for that purpose, a
report of the actual operating | 11 | | deficit experienced during that quarter. The
Department shall, | 12 | | upon receipt of the quarterly report, determine whether
the | 13 | | operating deficits were incurred in conformity with
the | 14 | | program of proposed expenditures and services approved by the | 15 | | Department pursuant to
Section 2-11. Any Metro-East District | 16 | | may either monthly or quarterly for
any fiscal year file a | 17 | | request for the participant's eligible share, as
allocated in | 18 | | accordance with Section 2-6, of the amounts transferred into | 19 | | the
Metro-East Public Transportation Fund.
| 20 | | (b) Each participant other than any Metro-East Transit | 21 | | District
participant shall, 30 days before the end of each | 22 | | quarter, file with the
Department
on forms provided by the | 23 | | Department for such purposes a report of the projected
| 24 | | eligible operating expenses to be incurred in the next quarter | 25 | | and 30 days
before the third and fourth quarters of any fiscal |
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| 1 | | year a statement of actual
eligible operating expenses | 2 | | incurred in the preceding quarters. Except as otherwise | 3 | | provided in subsection (b-5), within
45 days of receipt by the | 4 | | Department of such quarterly report, the Comptroller
shall | 5 | | order paid and the Treasurer shall pay from the Downstate | 6 | | Public
Transportation Fund to each participant an amount equal | 7 | | to one-third of
such participant's eligible operating | 8 | | expenses; provided, however, that in
Fiscal Year 1997, the | 9 | | amount paid to each participant from the
Downstate Public | 10 | | Transportation Fund shall be an amount equal to 47% of
such | 11 | | participant's eligible operating expenses and shall be | 12 | | increased to 49%
in Fiscal Year 1998, 51% in Fiscal Year 1999, | 13 | | 53% in Fiscal Year 2000, 55%
in Fiscal Years
2001 through 2007, | 14 | | and 65% in Fiscal Year 2008 and thereafter; however, in any | 15 | | year that a participant
receives funding under subsection (i) | 16 | | of Section 2705-305 of the Department of
Transportation Law | 17 | | (20 ILCS 2705/2705-305), that participant shall be eligible
| 18 | | only for assistance equal to the following percentage of its | 19 | | eligible operating
expenses: 42% in Fiscal Year 1997, 44% in | 20 | | Fiscal Year 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year | 21 | | 2000, and 50% in Fiscal Year 2001 and thereafter. Any
such | 22 | | payment for the third and fourth quarters of any fiscal year | 23 | | shall be
adjusted to reflect
actual eligible operating | 24 | | expenses for preceding quarters of such fiscal
year. However, | 25 | | no participant shall receive an amount less than that which
| 26 | | was received in the immediate prior year, provided in the |
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| 1 | | event of a
shortfall in the fund those participants receiving | 2 | | less than their full
allocation pursuant to Section 2-6 of | 3 | | this Article shall be the first
participants to receive an | 4 | | amount not less than that received in the
immediate prior | 5 | | year.
| 6 | | (b-5) (Blank.)
| 7 | | (b-10) On July 1, 2008, each participant shall receive an | 8 | | appropriation in an amount equal to 65% of its fiscal year 2008 | 9 | | eligible operating expenses adjusted by the annual 10% | 10 | | increase required by Section 2-2.04 of this Act. In no case | 11 | | shall any participant receive an appropriation that is less | 12 | | than its fiscal year 2008 appropriation. Every fiscal year | 13 | | thereafter, each participant's appropriation shall increase by | 14 | | 10% over the appropriation established for the preceding | 15 | | fiscal year as required by Section 2-2.04 of this Act.
| 16 | | (b-15) Beginning on July 1, 2007, and for each fiscal year | 17 | | thereafter, each participant shall maintain a minimum local | 18 | | share contribution (from farebox and all other local revenues) | 19 | | equal to the actual amount provided in Fiscal Year 2006 or, for | 20 | | new recipients, an amount equivalent to the local share | 21 | | provided in the first year of participation.
The local share | 22 | | contribution shall be reduced by an amount equal to the total | 23 | | amount of lost revenue for services provided under Section | 24 | | 2-15.2 and Section 2-15.3 of this Act. | 25 | | (b-20) Any participant in the Downstate Public | 26 | | Transportation Fund may use State operating assistance funding |
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| 1 | | pursuant to this Section to provide transportation services | 2 | | within any county that is contiguous to its territorial | 3 | | boundaries as defined by the Department and subject to | 4 | | Departmental approval. Any such contiguous-area service | 5 | | provided by a participant after July 1, 2007 must meet the | 6 | | requirements of subsection (a) of Section 2-5.1.
| 7 | | (c) No later than 180 days following the last day of the | 8 | | Fiscal Year each
participant shall provide the Department with | 9 | | an audit prepared by a Certified
Public Accountant covering | 10 | | that Fiscal Year. For those participants other than a | 11 | | Metro-East Transit
District, any discrepancy between the funds | 12 | | grants paid and the
percentage of the eligible operating | 13 | | expenses provided for by paragraph
(b) of this Section shall | 14 | | be reconciled by appropriate payment or credit.
In the case of | 15 | | any Metro-East Transit District, any amount of payments from
| 16 | | the Metro-East Public Transportation Fund which exceed the | 17 | | eligible deficit
of the participant shall be reconciled by | 18 | | appropriate payment or credit.
| 19 | | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; | 20 | | 95-906, eff. 8-26-08.)
| 21 | | (30 ILCS 740/2-9) (from Ch. 111 2/3, par. 669)
| 22 | | Sec. 2-9.
Each program of proposed expenditures and | 23 | | services shall, in the case of a system
of public | 24 | | transportation owned and operated by a participant, undertake
| 25 | | to meet operating deficits directly. The purchase of service |
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| 1 | | agreements with a provider of public transportation services | 2 | | shall constitute an eligible expense Grants to a participant | 3 | | may be made
for services provided through purchase of service | 4 | | agreements with a provider of public
transportation services .
| 5 | | (Source: P.A. 82-783.)
| 6 | | (30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
| 7 | | Sec. 2-10. Cooperative projects. Nothing in this Act shall | 8 | | prohibit any participant from including in a
program of | 9 | | proposed expenditures and services funding for a portion of a | 10 | | cooperative
public transportation project or purpose, the | 11 | | total cost of which is shared
among one or more other | 12 | | participants or other financial contributors, as
long as the | 13 | | residents of the participant are served by any such project or
| 14 | | purpose.
| 15 | | (Source: P.A. 82-783.)
| 16 | | (30 ILCS 740/2-11) (from Ch. 111 2/3, par. 671)
| 17 | | Sec. 2-11.
The Department shall
review and approve or | 18 | | disapprove within 45 days of receipt each program
of proposed | 19 | | expenditures and services submitted by any participant | 20 | | pursuant to the
provisions of Section 2-5 . Notwithstanding the | 21 | | above, in the event the Department is prevented from | 22 | | processing applications or certifying that a participant meets | 23 | | the requirements of this Section due to extraordinary | 24 | | circumstances beyond its control, the certification deadline |
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| 1 | | for that application shall be stayed until the Department is | 2 | | able to process and certify the same. Notice from the | 3 | | Department, as well as an explanation of the extraordinary | 4 | | circumstances, shall be provided to each participant affected | 5 | | by such delay. The Department may disapprove a
program of | 6 | | proposed expenditures and services or portions thereof only | 7 | | for the
following reasons:
| 8 | | (a) A finding that expenditures are proposed for projects | 9 | | or
purposes which are not in compliance with Section 2-5; or
| 10 | | (b) A finding that expenditures are proposed for projects | 11 | | or
purposes which are in conflict with established | 12 | | comprehensive
transportation plans for a participant or a | 13 | | region of which it is a
part; or
| 14 | | (c) In Fiscal Year 1980, with regard to the participants | 15 | | which have not
received State operating assistance prior to | 16 | | the effective date of this
amendatory Act of 1979, a finding by | 17 | | the Department that a
proposed program submitted by such | 18 | | participant or any portion thereof is
not in the public | 19 | | interest in that levels or kinds of service proposed exceeds
| 20 | | the reasonable needs of the community served by such | 21 | | participant as demonstrated
in the transportation development | 22 | | plan for such community or other studies
and information | 23 | | available to the Department.
| 24 | | (Source: P.A. 82-783.)
| 25 | | (30 ILCS 740/2-12) (from Ch. 111 2/3, par. 672)
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| 1 | | Sec. 2-12. Disapproval of program. Upon disapproval of any | 2 | | program of proposed expenditures and services , the Department
| 3 | | shall so notify the chief official of the participant having | 4 | | submitted such
program, setting forth in detail the reasons | 5 | | for such disapproval.
Thereupon, any such participant shall | 6 | | have 45 days from the date of receipt
of such notice of | 7 | | disapproval by the Department to submit to the Department
one | 8 | | or more amended programs of proposed expenditures and | 9 | | services .
| 10 | | (Source: P.A. 82-783.)
| 11 | | (30 ILCS 740/2-13) (from Ch. 111 2/3, par. 673)
| 12 | | Sec. 2-13.
Review
of amended programs.
The Department | 13 | | shall review each amended program of proposed
expenditures and | 14 | | services submitted to it pursuant to the provisions of Section | 15 | | 2-12 and
may disapprove any such amended program of proposed | 16 | | expenditures and services only for
the reasons and in the same | 17 | | fashion set forth in Section 2-11.
| 18 | | (Source: P.A. 82-783.)
| 19 | | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| 20 | | Sec. 2-14. Grants. | 21 | | (a) Upon a determination by the Department that any | 22 | | initial or amended
program of proposed expenditures is in | 23 | | compliance with the provisions of
this Act, and upon approval | 24 | | thereof, the Department shall enter into one or
more grant |
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| 1 | | agreements with and shall make grants to that participant as
| 2 | | necessary to implement the adopted program of expenditures.
| 3 | | (b) All grants by the Department pursuant to this Act | 4 | | shall be
administered upon such conditions as the Secretary of | 5 | | Transportation shall
determine, consistent with the provisions | 6 | | and purpose of this Act. | 7 | | (c) For State fiscal year 2022 or any fiscal year | 8 | | thereafter, upon a determination by the Department that any | 9 | | initial or amended program of proposed expenditure is in | 10 | | compliance with the provisions of this Act, and upon approval | 11 | | thereof, the Department shall enter into one or more | 12 | | agreements with the participant and shall obligate for payment | 13 | | to that participant as necessary to implement the adopted | 14 | | program of expenditure.
| 15 | | (Source: P.A. 82-783.)
| 16 | | (30 ILCS 740/2-15.2) | 17 | | Sec. 2-15.2. Free services; eligibility. | 18 | | (a) Notwithstanding any law to the contrary, no later than | 19 | | 60 days following the effective date of this amendatory Act of | 20 | | the 95th General Assembly and until subsection (b) is | 21 | | implemented, any fixed route public transportation services | 22 | | provided by, or under grant or purchase of service contracts | 23 | | of, every participant, as defined in Section 2-2.02 (1)(a), | 24 | | shall be provided without charge to all senior citizen | 25 | | residents of the participant aged 65 and older, under such |
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| 1 | | conditions as shall be prescribed by the participant. | 2 | | (b) Notwithstanding any law to the contrary, no later than | 3 | | 180 days following the effective date of this amendatory Act | 4 | | of the 96th General Assembly, but only through State fiscal | 5 | | year 2021, any fixed route public transportation services | 6 | | provided by, or under grant or purchase of service contracts | 7 | | of, every participant, as defined in Section 2-2.02 (1)(a), | 8 | | shall be provided without charge to senior citizens aged 65 | 9 | | and older who meet the income eligibility limitation set forth | 10 | | in subsection (a-5) of Section 4 of the Senior Citizens and | 11 | | Persons with Disabilities Property Tax Relief Act, under such | 12 | | conditions as shall be prescribed by the participant. The | 13 | | Department on Aging shall furnish all information reasonably | 14 | | necessary to determine eligibility, including updated lists of | 15 | | individuals who are eligible for services without charge under | 16 | | this Section. Nothing in this Section shall relieve the | 17 | | participant from providing reduced fares as may be required by | 18 | | federal law.
| 19 | | (Source: P.A. 99-143, eff. 7-27-15.) | 20 | | (30 ILCS 740/2-15.3)
| 21 | | Sec. 2-15.3. Transit services for individuals with | 22 | | disabilities. Notwithstanding any law to the contrary, no | 23 | | later than 60 days following the effective date of this | 24 | | amendatory Act of the 95th General Assembly, but only through | 25 | | State fiscal year 2021, all fixed route public transportation |
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| 1 | | services provided by, or under grant or purchase of service | 2 | | contract of, any participant shall be provided without charge | 3 | | to all persons with disabilities who meet the income | 4 | | eligibility limitation set forth in subsection (a-5) of | 5 | | Section 4 of the Senior Citizens and Persons with Disabilities | 6 | | Property Tax Relief Act, under such procedures as shall be | 7 | | prescribed by the participant. The Department on Aging shall | 8 | | furnish all information reasonably necessary to determine | 9 | | eligibility, including updated lists of individuals who are | 10 | | eligible for services without charge under this Section.
| 11 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 12 | | (30 ILCS 740/2-17) (from Ch. 111 2/3, par. 678)
| 13 | | Sec. 2-17.
County authorization to provide public
| 14 | | transportation and to receive funds from appropriations to | 15 | | apply for funding grants in connection therewith.
(a) Any | 16 | | county or counties may, by ordinance, operate or otherwise
| 17 | | provide for public transportation within such county or | 18 | | counties. In order
to so provide for such public | 19 | | transportation, any county or counties may
enter into | 20 | | agreements with any individual, corporation or other person or
| 21 | | private or public entity to operate or otherwise assist in the | 22 | | provision of
such public transportation services. Upon the | 23 | | execution of an agreement for
the operation of such public | 24 | | transportation, the operator shall file 3
copies of such | 25 | | agreement certified by the clerk of the county executing the
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| 1 | | same with the Illinois Commerce Commission. Thereafter the | 2 | | Illinois
Commerce Commission shall enter an order directing | 3 | | compliance by the
operator with the provisions of Sections 55a | 4 | | and 55b of "An Act concerning
public utilities", approved June | 5 | | 28, 1921, as amended.
| 6 | | (b) Any county may apply for, accept and expend moneys | 7 | | grants , loans or other
funds from the State of Illinois or any | 8 | | department or agency thereof, from
any unit of local | 9 | | government, from the federal government or any department
or | 10 | | agency thereof, or from any other person or entity, for use in
| 11 | | connection with any public transportation provided pursuant to | 12 | | this Section.
| 13 | | (Source: P.A. 82-783.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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