Illinois General Assembly - Full Text of SB1697
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1697  102nd General Assembly

SB1697ham003 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/29/2021

 

 


 

 


 
10200SB1697ham003LRB102 15405 RJF 27265 a

1
AMENDMENT TO SENATE BILL 1697

2    AMENDMENT NO. ______. Amend Senate Bill 1697 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Grant Accountability and Transparency Act
5is 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
9Management and Budget, with the advice and technical
10assistance of the Illinois Single Audit Commission, shall
11adopt rules which adopt the Uniform Guidance at 2 CFR 200. The
12rules, which shall apply to all State and federal pass-through
13awards effective on and after July 1, 2016, shall include the
14following:
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
18auditing functions and does not address the external audit
19function of the Auditor General.
20    (c) For public institutions of higher education, the
21provisions of this Section apply only to awards funded by
22State appropriations and federal pass-through awards from a
23State agency to public institutions of higher education.
24Federal pass-through awards from a State agency to public
25institutions of higher education are governed by and must
26comply with federal guidelines under 2 CFR 200.

 

 

10200SB1697ham003- 4 -LRB102 15405 RJF 27265 a

1    (d) The State grant-making agency is responsible for
2establishing requirements, as necessary, to ensure compliance
3by for-profit subrecipients. The agreement with the for-profit
4subrecipient shall describe the applicable compliance
5requirements and the for-profit subrecipient's compliance
6responsibility. Methods to ensure compliance for State and
7federal pass-through awards made to for-profit subrecipients
8shall include pre-award, audits, monitoring during the
9agreement, and post-award audits. The Governor's Office of
10Management and Budget shall provide such advice and technical
11assistance to the State grant-making agency as is necessary or
12indicated.
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,
16the Governor's Office of Management and Budget, with the
17advice and technical assistance of the Illinois Single Audit
18Commission, shall adopt supplemental rules pertaining to the
19following:
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
6Control and Internal Auditing Act nor the requirement that the
7management of each State agency is responsible for maintaining
8effective internal controls under that Act.
9    For public institutions of higher education, the
10provisions of this Section apply only to awards funded by
11State appropriations and federal pass-through awards from a
12State agency to public institutions of higher education.
13(Source: P.A. 100-676, eff. 1-1-19; 100-997, eff. 8-20-18;
14101-81, eff. 7-12-19.)
 
15    (30 ILCS 708/45)
16    Sec. 45. Applicability.
17    (a) Except as otherwise provided in this Section, the The
18requirements established under this Act apply to State
19grant-making agencies that make State and federal pass-through
20awards to non-federal entities. These requirements apply to
21all costs related to State and federal pass-through awards.
22The requirements established under this Act do not apply to
23private awards, to allocations of State revenues paid over by
24the Comptroller to units of local government and other taxing
25districts pursuant to the State Revenue Sharing Act from the

 

 

10200SB1697ham003- 8 -LRB102 15405 RJF 27265 a

1Local Government Distributive Fund or the Personal Property
2Tax Replacement Fund, or to allotments of State motor fuel tax
3revenues distributed by the Department of Transportation to
4units of local government pursuant to the Motor Fuel Tax Law
5from the Motor Fuel Tax Fund or the Transportation Renewal
6Fund.
7    (a-5) Nothing in this Act shall prohibit the use of State
8funds for purposes of federal match or maintenance of effort.
9    (b) The terms and conditions of State, federal, and
10pass-through awards apply to subawards and subrecipients
11unless a particular Section of this Act or the terms and
12conditions of the State or federal award specifically indicate
13otherwise. Non-federal entities shall comply with requirements
14of this Act regardless of whether the non-federal entity is a
15recipient or subrecipient of a State or federal pass-through
16award. Pass-through entities shall comply with the
17requirements set forth under the rules adopted under
18subsection (a) of Section 20 of this Act, but not to any
19requirements in this Act directed towards State or federal
20awarding agencies, unless the requirements of the State or
21federal awards indicate otherwise.
22    When a non-federal entity is awarded a cost-reimbursement
23contract, only 2 CFR 200.330 through 200.332 are incorporated
24by reference into the contract. However, when the Cost
25Accounting Standards are applicable to the contract, they take
26precedence over the requirements of this Act unless they are

 

 

10200SB1697ham003- 9 -LRB102 15405 RJF 27265 a

1in conflict with Subpart F of 2 CFR 200. In addition, costs
2that are made unallowable under 10 U.S.C. 2324(e) and 41
3U.S.C. 4304(a), as described in the Federal Acquisition
4Regulations, subpart 31.2 and subpart 31.603, are always
5unallowable. For requirements other than those covered in
6Subpart D of 2 CFR 200.330 through 200.332, the terms of the
7contract and the Federal Acquisition Regulations apply.
8    With the exception of Subpart F of 2 CFR 200, which is
9required by the Single Audit Act, in any circumstances where
10the provisions of federal statutes or regulations differ from
11the provisions of this Act, the provision of the federal
12statutes or regulations govern. This includes, for agreements
13with Indian tribes, the provisions of the Indian
14Self-Determination and Education and Assistance Act, as
15amended, 25 U.S.C. 450-458ddd-2.
16    (c) State grant-making agencies may apply subparts A
17through E of 2 CFR 200 to for-profit entities, foreign public
18entities, or foreign organizations, except where the awarding
19agency determines that the application of these subparts would
20be inconsistent with the international obligations of the
21United States or the statute or regulations of a foreign
22government.
23    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
24different types of awards. The same applicability applies to
25this Act.
26    (e) (Blank).

 

 

10200SB1697ham003- 10 -LRB102 15405 RJF 27265 a

1    (f) For public institutions of higher education, the
2provisions of this Act apply only to awards funded by State
3appropriations and federal pass-through awards from a State
4agency to public institutions of higher education. This Act
5shall recognize provisions in 2 CFR 200 as applicable to
6public institutions of higher education, including Appendix
7III of Part 200 and the cost principles under Subpart E.
8    (g) Each grant-making agency shall enhance its processes
9to monitor and address noncompliance with reporting
10requirements and with program performance standards. Where
11applicable, the process may include a corrective action plan.
12The monitoring process shall include a plan for tracking and
13documenting performance-based contracting decisions.
14(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;
15101-81, eff. 7-12-19.)
 
16    Section 10. The Downstate Public Transportation Act is
17amended by changing Sections 2-3, 2-4, 2-5, 2-5.1, 2-7, 2-9,
182-10, 2-11, 2-12, 2-13, 2-14, 2-15.2, 2-15.3, and 2-17 as
19follows:
 
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
22each month, beginning July 1, 1984, upon certification of the
23Department of Revenue, the Comptroller shall order
24transferred, and the Treasurer shall transfer, from the

 

 

10200SB1697ham003- 11 -LRB102 15405 RJF 27265 a

1General Revenue Fund to a special fund in the State Treasury
2which is hereby created, to be known as the Downstate Public
3Transportation Fund, an amount equal to 2/32 (beginning July
41, 2005, 3/32) of the net revenue realized from the Retailers'
5Occupation Tax Act, the Service Occupation Tax Act, the Use
6Tax Act, and the Service Use Tax Act from persons incurring
7municipal or county retailers' or service occupation tax
8liability for the benefit of any municipality or county
9located wholly within the boundaries of each participant,
10other than any Metro-East Transit District participant
11certified pursuant to subsection (c) of this Section during
12the preceding month, except that the Department shall pay into
13the Downstate Public Transportation Fund 2/32 (beginning July
141, 2005, 3/32) of 80% of the net revenue realized under the
15State tax Acts named above within any municipality or county
16located wholly within the boundaries of each participant,
17other than any Metro-East participant, for tax periods
18beginning on or after January 1, 1990. Net revenue realized
19for a month shall be the revenue collected by the State
20pursuant to such Acts during the previous month from persons
21incurring municipal or county retailers' or service occupation
22tax liability for the benefit of any municipality or county
23located wholly within the boundaries of a participant, less
24the amount paid out during that same month as refunds or credit
25memoranda to taxpayers for overpayment of liability under such
26Acts for the benefit of any municipality or county located

 

 

10200SB1697ham003- 12 -LRB102 15405 RJF 27265 a

1wholly within the boundaries of a participant.
2    Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23), those amounts required under this subsection (a) to
5be transferred by the Treasurer into the Downstate Public
6Transportation Fund from the General Revenue Fund shall be
7directly deposited into the Downstate Public Transportation
8Fund as the revenues are realized from the taxes indicated.
9    (b) As soon as possible after the first day of each month,
10beginning July 1, 1989, upon certification of the Department
11of Revenue, the Comptroller shall order transferred, and the
12Treasurer shall transfer, from the General Revenue Fund to a
13special fund in the State Treasury which is hereby created, to
14be known as the Metro-East Public Transportation Fund, an
15amount equal to 2/32 of the net revenue realized, as above,
16from within the boundaries of Madison, Monroe, and St. Clair
17Counties, except that the Department shall pay into the
18Metro-East Public Transportation Fund 2/32 of 80% of the net
19revenue realized under the State tax Acts specified in
20subsection (a) of this Section within the boundaries of
21Madison, Monroe and St. Clair Counties for tax periods
22beginning on or after January 1, 1990. A local match
23equivalent to an amount which could be raised by a tax levy at
24the rate of .05% on the assessed value of property within the
25boundaries of Madison County is required annually to cause a
26total of 2/32 of the net revenue to be deposited in the

 

 

10200SB1697ham003- 13 -LRB102 15405 RJF 27265 a

1Metro-East Public Transportation Fund. Failure to raise the
2required local match annually shall result in only 1/32 being
3deposited into the Metro-East Public Transportation Fund after
4July 1, 1989, or 1/32 of 80% of the net revenue realized for
5tax periods beginning on or after January 1, 1990.
6    (b-5) As soon as possible after the first day of each
7month, beginning July 1, 2005, upon certification of the
8Department of Revenue, the Comptroller shall order
9transferred, and the Treasurer shall transfer, from the
10General Revenue Fund to the Downstate Public Transportation
11Fund, an amount equal to 3/32 of 80% of the net revenue
12realized from within the boundaries of Monroe and St. Clair
13Counties under the State Tax Acts specified in subsection (a)
14of this Section and provided further that, beginning July 1,
152005, the provisions of subsection (b) shall no longer apply
16with respect to such tax receipts from Monroe and St. Clair
17Counties.
18    Notwithstanding any provision of law to the contrary,
19beginning on July 6, 2017 (the effective date of Public Act
20100-23), those amounts required under this subsection (b-5) to
21be transferred by the Treasurer into the Downstate Public
22Transportation Fund from the General Revenue Fund shall be
23directly deposited into the Downstate Public Transportation
24Fund as the revenues are realized from the taxes indicated.
25    (b-6) As soon as possible after the first day of each
26month, beginning July 1, 2008, upon certification by the

 

 

10200SB1697ham003- 14 -LRB102 15405 RJF 27265 a

1Department of Revenue, the Comptroller shall order transferred
2and the Treasurer shall transfer, from the General Revenue
3Fund to the Downstate Public Transportation Fund, an amount
4equal to 3/32 of 80% of the net revenue realized from within
5the boundaries of Madison County under the State Tax Acts
6specified in subsection (a) of this Section and provided
7further that, beginning July 1, 2008, the provisions of
8subsection (b) shall no longer apply with respect to such tax
9receipts from Madison County.
10    Notwithstanding any provision of law to the contrary,
11beginning on July 6, 2017 (the effective date of Public Act
12100-23), those amounts required under this subsection (b-6) to
13be transferred by the Treasurer into the Downstate Public
14Transportation Fund from the General Revenue Fund shall be
15directly deposited into the Downstate Public Transportation
16Fund as the revenues are realized from the taxes indicated.
17    (b-7) Beginning July 1, 2018, notwithstanding the other
18provisions of this Section, instead of the Comptroller making
19monthly transfers from the General Revenue Fund to the
20Downstate Public Transportation Fund, the Department of
21Revenue shall deposit the designated fraction of the net
22revenue realized from collections under the Retailers'
23Occupation Tax Act, the Service Occupation Tax Act, the Use
24Tax Act, and the Service Use Tax Act directly into the
25Downstate Public Transportation Fund.
26    (c) The Department shall certify to the Department of

 

 

10200SB1697ham003- 15 -LRB102 15405 RJF 27265 a

1Revenue the eligible participants under this Article and the
2territorial boundaries of such participants for the purposes
3of the Department of Revenue in subsections (a) and (b) of this
4Section.
5    (d) For the purposes of this Article, beginning in fiscal
6year 2009 the General Assembly shall appropriate an amount
7from the Downstate Public Transportation Fund equal to the sum
8total of funds projected to be paid to the participants
9pursuant to Section 2-7. If the General Assembly fails to make
10appropriations sufficient to cover the amounts projected to be
11paid pursuant to Section 2-7, this Act shall constitute an
12irrevocable and continuing appropriation from the Downstate
13Public Transportation Fund of all amounts necessary for those
14purposes.
15    (e) (Blank).
16    (f) (Blank).
17    (g) (Blank).
18    (h) For State fiscal year 2020 only, notwithstanding any
19provision of law to the contrary, the total amount of revenue
20and deposits under this Section attributable to revenues
21realized during State fiscal year 2020 shall be reduced by 5%.
22    (i) For State fiscal year 2021 only, notwithstanding any
23provision of law to the contrary, the total amount of revenue
24and deposits under this Section attributable to revenues
25realized 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

1for each fiscal year thereafter, all appropriations made under
2the provisions of this Act shall not constitute a grant
3program subject to the requirements of the Grant
4Accountability and Transparency Act. The Department shall
5approve programs of proposed expenditures and services
6submitted by participants under the requirements of Sections
72-5 and 2-11.
8(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
9100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff.
106-5-19; 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
13reporting of projected and actual operating deficits and
14expenses and other required information by the participants,
15and has the power to promulgate rules and regulations for the
16filing of such reports within the limitations set out in
17Sections 2-5, 2-6 and 2-7. Each participant shall be governed
18by 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
23making application for grants pursuant to this Article shall
24submit to the Department at the time of making such

 

 

10200SB1697ham003- 17 -LRB102 15405 RJF 27265 a

1application, on forms provided by the Department: (1) (a) an
2estimate of projected operating deficits and a separate
3statement of eligible operating expenses and an estimate of
4all projected operating income or revenues; and (2) (b) a
5program of proposed expenditures; all such submittals to be
6for the period of such grant. The program of proposed
7expenditures shall be directly related to the operation,
8maintenance or improvement of an existing system of public
9transportation serving the residents of the participant, and
10shall include the proposed expenditures for eligible operating
11expenses.
12    For Fiscal Year 1980 grant applications shall be submitted
13to the Department within 60 days of the effective date of this
14amendatory Act of 1979. Beginning with Fiscal Year 1981 and
15thereafter, grant applications shall be submitted to the
16Department by April 1 of the preceding fiscal year.
17    (b) For Fiscal Year 2022 applications for funding, and for
18each fiscal year thereafter, each participant making
19application for funding shall submit to the Department by
20April 1 of the preceding fiscal year, a program of proposed
21expenditures and services on forms provided by the Department,
22consisting of the following information: (1) an estimate of
23projected operating deficits and a separate statement of
24eligible operating expenses and an estimate of all projected
25operating income or revenues; and (2) a program of proposed
26expenditures and services; all such submittals to be for the

 

 

10200SB1697ham003- 18 -LRB102 15405 RJF 27265 a

1period of such project. The program of proposed expenditures
2and services shall be directly related to the operation,
3maintenance, or improvement of an existing system of public
4transportation serving the residents of the participant, and
5shall include the proposed expenditures and services for
6eligible 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
11government that becomes a participant on or after the
12effective date of this amendatory Act of the 94th General
13Assembly shall, in addition to any other requirements under
14this Article, meet all of the following requirements when
15applying 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
11participant on or after the effective date of this amendatory
12Act of the 102nd General Assembly shall, in addition to any
13other requirements under this Article, meet all of the
14following requirements when applying for the approval of the
15program of proposed expenditures and services under this
16Article:
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,
122005 by either annexation or intergovernmental agreement must
13meet the 4 requirements of subsection (a).
14    (c) In order to receive funding, the Department shall
15certify that the participant has met the requirements of this
16Section. Funding priority shall be given to service extension,
17multi-county, and multi-jurisdictional projects.
18    (d) The Department shall develop an annual application
19process for existing or potential participants to request an
20initial appropriation or an appropriation exceeding the
21formula amount found in subsection (b-10) of Section 2-7 for
22funding service in new areas in the next fiscal year. The
23application shall include, but not be limited to, a
24description of the new service area, proposed service in the
25new area, and a budget for providing existing and new service.
26The Department shall review the application for reasonableness

 

 

10200SB1697ham003- 21 -LRB102 15405 RJF 27265 a

1and compliance with the requirements of this Section, and, if
2it approves the application, shall recommend to the Governor
3an appropriation for the next fiscal year in an amount
4sufficient to provide 65% of projected eligible operating
5expenses associated with a new participant's service area or
6the portion of an existing participant's service area that has
7been expanded by annexation or intergovernmental agreement.
8The recommended appropriation for the next fiscal year may
9exceed the formula amount found in subsection (b-10) of
10Section 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
15later than 60 days following the end of each quarter of any
16fiscal year, file with the Department on forms provided by the
17Department for that purpose, a report of the actual operating
18deficit experienced during that quarter. The Department shall,
19upon receipt of the quarterly report, determine whether the
20operating deficits were incurred in conformity with the
21program of proposed expenditures and services approved by the
22Department pursuant to Section 2-11. Any Metro-East District
23may either monthly or quarterly for any fiscal year file a
24request for the participant's eligible share, as allocated in
25accordance with Section 2-6, of the amounts transferred into

 

 

10200SB1697ham003- 22 -LRB102 15405 RJF 27265 a

1the Metro-East Public Transportation Fund.
2    (b) Each participant other than any Metro-East Transit
3District participant shall, 30 days before the end of each
4quarter, file with the Department on forms provided by the
5Department for such purposes a report of the projected
6eligible operating expenses to be incurred in the next quarter
7and 30 days before the third and fourth quarters of any fiscal
8year a statement of actual eligible operating expenses
9incurred in the preceding quarters. Except as otherwise
10provided in subsection (b-5), within 45 days of receipt by the
11Department of such quarterly report, the Comptroller shall
12order paid and the Treasurer shall pay from the Downstate
13Public Transportation Fund to each participant an amount equal
14to one-third of such participant's eligible operating
15expenses; provided, however, that in Fiscal Year 1997, the
16amount paid to each participant from the Downstate Public
17Transportation Fund shall be an amount equal to 47% of such
18participant's eligible operating expenses and shall be
19increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,
2053% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,
21and 65% in Fiscal Year 2008 and thereafter; however, in any
22year that a participant receives funding under subsection (i)
23of Section 2705-305 of the Department of Transportation Law
24(20 ILCS 2705/2705-305), that participant shall be eligible
25only for assistance equal to the following percentage of its
26eligible operating expenses: 42% in Fiscal Year 1997, 44% in

 

 

10200SB1697ham003- 23 -LRB102 15405 RJF 27265 a

1Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year
22000, and 50% in Fiscal Year 2001 and thereafter. Any such
3payment for the third and fourth quarters of any fiscal year
4shall be adjusted to reflect actual eligible operating
5expenses for preceding quarters of such fiscal year. However,
6no participant shall receive an amount less than that which
7was received in the immediate prior year, provided in the
8event of a shortfall in the fund those participants receiving
9less than their full allocation pursuant to Section 2-6 of
10this Article shall be the first participants to receive an
11amount not less than that received in the immediate prior
12year.
13    (b-5) (Blank.)
14    (b-10) On July 1, 2008, each participant shall receive an
15appropriation in an amount equal to 65% of its fiscal year 2008
16eligible operating expenses adjusted by the annual 10%
17increase required by Section 2-2.04 of this Act. In no case
18shall any participant receive an appropriation that is less
19than its fiscal year 2008 appropriation. Every fiscal year
20thereafter, each participant's appropriation shall increase by
2110% over the appropriation established for the preceding
22fiscal year as required by Section 2-2.04 of this Act.
23    (b-15) Beginning on July 1, 2007, and for each fiscal year
24thereafter, each participant shall maintain a minimum local
25share contribution (from farebox and all other local revenues)
26equal to the actual amount provided in Fiscal Year 2006 or, for

 

 

10200SB1697ham003- 24 -LRB102 15405 RJF 27265 a

1new recipients, an amount equivalent to the local share
2provided in the first year of participation. The local share
3contribution shall be reduced by an amount equal to the total
4amount of lost revenue for services provided under Section
52-15.2 and Section 2-15.3 of this Act.
6    (b-20) Any participant in the Downstate Public
7Transportation Fund may use State operating assistance funding
8pursuant to this Section to provide transportation services
9within any county that is contiguous to its territorial
10boundaries as defined by the Department and subject to
11Departmental approval. Any such contiguous-area service
12provided by a participant after July 1, 2007 must meet the
13requirements of subsection (a) of Section 2-5.1.
14    (c) No later than 180 days following the last day of the
15Fiscal Year each participant shall provide the Department with
16an audit prepared by a Certified Public Accountant covering
17that Fiscal Year. For those participants other than a
18Metro-East Transit District, any discrepancy between the funds
19grants paid and the percentage of the eligible operating
20expenses provided for by paragraph (b) of this Section shall
21be reconciled by appropriate payment or credit. In the case of
22any Metro-East Transit District, any amount of payments from
23the Metro-East Public Transportation Fund which exceed the
24eligible deficit of the participant shall be reconciled by
25appropriate 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

195-906, 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
4services shall, in the case of a system of public
5transportation owned and operated by a participant, undertake
6to meet operating deficits directly. The purchase of service
7agreements with a provider of public transportation services
8shall constitute an eligible expense Grants to a participant
9may be made for services provided through purchase of service
10agreements 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
14prohibit any participant from including in a program of
15proposed expenditures and services funding for a portion of a
16cooperative public transportation project or purpose, the
17total cost of which is shared among one or more other
18participants or other financial contributors, as long as the
19residents of the participant are served by any such project or
20purpose.
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

1disapprove within 45 days of receipt each program of proposed
2expenditures and services submitted by any participant
3pursuant to the provisions of Section 2-5. Notwithstanding the
4above, in the event the Department is prevented from
5processing applications or certifying that a participant meets
6the requirements of this Section due to extraordinary
7circumstances beyond its control, the certification deadline
8for that application shall be stayed until the Department is
9able to process and certify the same. Notice from the
10Department, as well as an explanation of the extraordinary
11circumstances, shall be provided to each participant affected
12by such delay. The Department may disapprove a program of
13proposed expenditures and services or portions thereof only
14for the following reasons:
15    (a) A finding that expenditures are proposed for projects
16or purposes which are not in compliance with Section 2-5; or
17    (b) A finding that expenditures are proposed for projects
18or purposes which are in conflict with established
19comprehensive transportation plans for a participant or a
20region of which it is a part; or
21    (c) In Fiscal Year 1980, with regard to the participants
22which have not received State operating assistance prior to
23the effective date of this amendatory Act of 1979, a finding by
24the Department that a proposed program submitted by such
25participant or any portion thereof is not in the public
26interest in that levels or kinds of service proposed exceeds

 

 

10200SB1697ham003- 27 -LRB102 15405 RJF 27265 a

1the reasonable needs of the community served by such
2participant as demonstrated in the transportation development
3plan for such community or other studies and information
4available 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
8program of proposed expenditures and services, the Department
9shall so notify the chief official of the participant having
10submitted such program, setting forth in detail the reasons
11for such disapproval. Thereupon, any such participant shall
12have 45 days from the date of receipt of such notice of
13disapproval by the Department to submit to the Department one
14or more amended programs of proposed expenditures and
15services.
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
19shall review each amended program of proposed expenditures and
20services submitted to it pursuant to the provisions of Section
212-12 and may disapprove any such amended program of proposed
22expenditures and services only for the reasons and in the same
23fashion 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
4initial or amended program of proposed expenditures is in
5compliance with the provisions of this Act, and upon approval
6thereof, the Department shall enter into one or more grant
7agreements with and shall make grants to that participant as
8necessary to implement the adopted program of expenditures.
9    (b) All grants by the Department pursuant to this Act
10shall be administered upon such conditions as the Secretary of
11Transportation shall determine, consistent with the provisions
12and purpose of this Act.
13    (c) For State fiscal year 2022 or any fiscal year
14thereafter, upon a determination by the Department that any
15initial or amended program of proposed expenditure is in
16compliance with the provisions of this Act, and upon approval
17thereof, the Department shall enter into one or more
18agreements with the participant and shall obligate for payment
19to that participant as necessary to implement the adopted
20program 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

160 days following the effective date of this amendatory Act of
2the 95th General Assembly and until subsection (b) is
3implemented, any fixed route public transportation services
4provided by, or under grant or purchase of service contracts
5of, every participant, as defined in Section 2-2.02 (1)(a),
6shall be provided without charge to all senior citizen
7residents of the participant aged 65 and older, under such
8conditions as shall be prescribed by the participant.
9    (b) Notwithstanding any law to the contrary, no later than
10180 days following the effective date of this amendatory Act
11of the 96th General Assembly, but only through State fiscal
12year 2021, any fixed route public transportation services
13provided by, or under grant or purchase of service contracts
14of, every participant, as defined in Section 2-2.02 (1)(a),
15shall be provided without charge to senior citizens aged 65
16and older who meet the income eligibility limitation set forth
17in subsection (a-5) of Section 4 of the Senior Citizens and
18Persons with Disabilities Property Tax Relief Act, under such
19conditions as shall be prescribed by the participant. The
20Department on Aging shall furnish all information reasonably
21necessary to determine eligibility, including updated lists of
22individuals who are eligible for services without charge under
23this Section. Nothing in this Section shall relieve the
24participant from providing reduced fares as may be required by
25federal 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
3disabilities.     Notwithstanding any law to the contrary, no
4later than 60 days following the effective date of this
5amendatory Act of the 95th General Assembly, but only through
6State fiscal year 2021, all fixed route public transportation
7services provided by, or under grant or purchase of service
8contract of, any participant shall be provided without charge
9to all persons with disabilities who meet the income
10eligibility limitation set forth in subsection (a-5) of
11Section 4 of the Senior Citizens and Persons with Disabilities
12Property Tax Relief Act, under such procedures as shall be
13prescribed by the participant. The Department on Aging shall
14furnish all information reasonably necessary to determine
15eligibility, including updated lists of individuals who are
16eligible 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
20transportation and to receive funds from appropriations to
21apply for funding grants in connection therewith. (a) Any
22county or counties may, by ordinance, operate or otherwise
23provide for public transportation within such county or
24counties. In order to so provide for such public

 

 

10200SB1697ham003- 31 -LRB102 15405 RJF 27265 a

1transportation, any county or counties may enter into
2agreements with any individual, corporation or other person or
3private or public entity to operate or otherwise assist in the
4provision of such public transportation services. Upon the
5execution of an agreement for the operation of such public
6transportation, the operator shall file 3 copies of such
7agreement certified by the clerk of the county executing the
8same with the Illinois Commerce Commission. Thereafter the
9Illinois Commerce Commission shall enter an order directing
10compliance by the operator with the provisions of Sections 55a
11and 55b of "An Act concerning public utilities", approved June
1228, 1921, as amended.
13    (b) Any county may apply for, accept and expend moneys
14grants, loans or other funds from the State of Illinois or any
15department or agency thereof, from any unit of local
16government, from the federal government or any department or
17agency thereof, or from any other person or entity, for use in
18connection with any public transportation provided pursuant to
19this Section.
20(Source: P.A. 82-783.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".