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Public Act 102-0626 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Grant Accountability and Transparency Act | ||||
is amended by changing Sections 20, 25, and 45 as follows: | ||||
(30 ILCS 708/20)
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Sec. 20. Adoption of federal rules applicable to grants. | ||||
(a) On or before July 1, 2016, the Governor's Office of | ||||
Management and Budget, with the advice and technical | ||||
assistance of the Illinois Single Audit Commission, shall | ||||
adopt rules which adopt the Uniform Guidance at 2 CFR 200. The | ||||
rules, which shall apply to all State and federal pass-through | ||||
awards effective on and after July 1, 2016, shall include the | ||||
following:
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(1) Administrative requirements. In accordance with | ||||
Subparts B through D of 2 CFR 200, the rules shall set | ||||
forth the uniform administrative requirements for grant | ||||
and cooperative agreements, including the requirements for | ||||
the management by State awarding agencies of federal grant | ||||
programs before State and federal pass-through awards have | ||||
been made and requirements that State awarding agencies | ||||
may impose on non-federal entities in State and federal | ||||
pass-through awards.
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(2) Cost principles. In accordance with Subpart E of 2 | ||
CFR 200, the rules shall establish principles for | ||
determining the allowable costs incurred by non-federal | ||
entities under State and federal pass-through awards. The | ||
principles are intended for cost determination, but are | ||
not intended to identify the circumstances or dictate the | ||
extent of State or federal pass-through participation in | ||
financing a particular program or project. The principles | ||
shall provide that State and federal awards bear their | ||
fair share of cost recognized under these principles, | ||
except where restricted or prohibited by State or federal | ||
law.
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(3) Audit and single audit requirements and audit | ||
follow-up. In accordance with Subpart F of 2 CFR 200 and | ||
the federal Single Audit Act Amendments of 1996, the rules | ||
shall set forth standards to obtain consistency and | ||
uniformity among State and federal pass-through awarding | ||
agencies for the audit of non-federal entities expending | ||
State and federal awards. These provisions shall also set | ||
forth the policies and procedures for State and federal | ||
pass-through entities when using the results of these | ||
audits. | ||
The provisions of this item (3) do not apply to | ||
for-profit subrecipients because for-profit subrecipients | ||
are not subject to the requirements of 2 CFR 200, Subpart | ||
F, Audits of States, Local and Non-Profit Organizations. |
Audits of for-profit subrecipients must be conducted | ||
pursuant to a Program Audit Guide issued by the Federal | ||
awarding agency. If a Program Audit Guide is not | ||
available, the State awarding agency must prepare a | ||
Program Audit Guide in accordance with the 2 CFR 200, | ||
Subpart F – Audit Requirements - Compliance Supplement. | ||
For-profit entities are subject to all other general | ||
administrative requirements and cost principles applicable | ||
to grants. | ||
(b) This Act addresses only State and federal pass-through | ||
auditing functions and does not address the external audit | ||
function of the Auditor General. | ||
(c) For public institutions of higher education, the | ||
provisions of this Section apply only to awards funded by | ||
State appropriations and federal pass-through awards from a | ||
State agency to public institutions of higher education. | ||
Federal pass-through awards from a State agency to public | ||
institutions of higher education are governed by and must | ||
comply with federal guidelines under 2 CFR 200. | ||
(d) The State grant-making agency is responsible for | ||
establishing requirements, as necessary, to ensure compliance | ||
by for-profit subrecipients. The agreement with the for-profit | ||
subrecipient shall describe the applicable compliance | ||
requirements and the for-profit subrecipient's compliance | ||
responsibility. Methods to ensure compliance for State and | ||
federal pass-through awards made to for-profit subrecipients |
shall include pre-award, audits, monitoring during the | ||
agreement, and post-award audits. The Governor's Office of | ||
Management and Budget shall provide such advice and technical | ||
assistance to the State grant-making agency as is necessary or | ||
indicated.
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(Source: P.A. 99-523, eff. 6-30-16; 100-676, eff. 1-1-19 .) | ||
(30 ILCS 708/25)
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Sec. 25. Supplemental rules. On or before July 1, 2017, | ||
the Governor's Office of Management and Budget, with the | ||
advice and technical assistance of the Illinois Single Audit | ||
Commission, shall adopt supplemental rules pertaining to the | ||
following: | ||
(1) Criteria to define mandatory formula-based grants | ||
and discretionary grants.
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(2) The award of one-year grants for new applicants.
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(3) The award of competitive grants in 3-year terms | ||
(one-year initial terms with the option to renew for up to | ||
2 additional years) to coincide with the federal award.
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(4) The issuance of grants, including:
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(A) public notice of announcements of funding | ||
opportunities; | ||
(B) the development of uniform grant applications;
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(C) State agency review of merit of proposals and | ||
risk posed by applicants;
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(D) specific conditions for individual recipients |
(including the use of a fiscal agent and additional | ||
corrective conditions);
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(E) certifications and representations;
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(F) pre-award costs;
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(G) performance measures and statewide prioritized | ||
goals under Section 50-25 of the State Budget Law of | ||
the Civil Administrative Code of Illinois, commonly | ||
referred to as "Budgeting for Results"; and
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(H) for mandatory formula grants, the merit of the | ||
proposal and the risk posed should result in | ||
additional reporting, monitoring, or measures such as | ||
reimbursement-basis only.
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(5) The development of uniform budget requirements, | ||
which shall include:
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(A) mandatory submission of budgets as part of the | ||
grant application process;
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(B) mandatory requirements regarding contents of | ||
the budget including, at a minimum, common detail line | ||
items specified under guidelines issued by the | ||
Governor's Office of Management and Budget; | ||
(C) a requirement that the budget allow | ||
flexibility to add lines describing costs that are | ||
common for the services provided as outlined in the | ||
grant application; | ||
(D) a requirement that the budget include | ||
information necessary for analyzing cost and |
performance for use in Budgeting for Results; and | ||
(E) caps on the amount of salaries that may be | ||
charged to grants based on the limitations imposed by | ||
federal agencies. | ||
(6) The development of pre-qualification requirements | ||
for applicants, including the fiscal condition of the | ||
organization and the provision of the following | ||
information:
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(A) organization name;
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(B) Federal Employee Identification Number;
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(C) Data Universal Numbering System (DUNS) number;
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(D) fiscal condition;
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(E) whether the applicant is in good standing with | ||
the Secretary of State;
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(F) past performance in administering grants;
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(G) whether the applicant is on the Debarred and | ||
Suspended List maintained by the Governor's Office of | ||
Management and Budget;
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(H) whether the applicant is on the federal | ||
Excluded Parties List; and | ||
(I) whether the applicant is on the Sanctioned | ||
Party List maintained by the Illinois Department of | ||
Healthcare and Family Services.
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Nothing in this Act affects the provisions of the Fiscal | ||
Control and Internal Auditing Act nor the requirement that the | ||
management of each State agency is responsible for maintaining |
effective internal controls under that Act. | ||
For public institutions of higher education, the | ||
provisions of this Section apply only to awards funded by | ||
State appropriations and federal pass-through awards from a | ||
State agency to public institutions of higher education.
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(Source: P.A. 100-676, eff. 1-1-19; 100-997, eff. 8-20-18; | ||
101-81, eff. 7-12-19 .) | ||
(30 ILCS 708/45)
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Sec. 45. Applicability.
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(a) Except as otherwise provided in this Section, the The | ||
requirements established under this Act apply to State | ||
grant-making agencies that make State and federal pass-through | ||
awards to non-federal entities. These requirements apply to | ||
all costs related to State and federal pass-through awards.
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The requirements established under this Act do not apply to | ||
private awards , to allocations of State revenues paid over by | ||
the Comptroller to units of local government and other taxing | ||
districts pursuant to the State Revenue Sharing Act from the | ||
Local Government Distributive Fund or the Personal Property | ||
Tax Replacement Fund, or to allotments of State motor fuel tax | ||
revenues distributed by the Department of Transportation to | ||
units of local government pursuant to the Motor Fuel Tax Law | ||
from the Motor Fuel Tax Fund or the Transportation Renewal | ||
Fund . | ||
(a-5) Nothing in this Act shall prohibit the use of State |
funds for purposes of federal match or maintenance of effort. | ||
(b) The terms and conditions of State, federal, and | ||
pass-through awards apply to subawards and subrecipients | ||
unless a particular Section of this Act or the terms and | ||
conditions of the State or federal award specifically indicate | ||
otherwise. Non-federal entities shall comply with requirements | ||
of this Act regardless of whether the non-federal entity is a | ||
recipient or subrecipient of a State or federal pass-through | ||
award. Pass-through entities shall comply with the | ||
requirements set forth under the rules adopted under | ||
subsection (a) of Section 20 of this Act, but not to any | ||
requirements in this Act directed towards State or federal | ||
awarding agencies, unless the requirements of the State or | ||
federal awards indicate otherwise.
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When a non-federal entity is awarded a cost-reimbursement | ||
contract, only 2 CFR 200.330 through 200.332 are incorporated | ||
by reference into the contract. However, when the Cost | ||
Accounting Standards are applicable to the contract, they take | ||
precedence over the requirements of this Act unless they are | ||
in conflict with Subpart F of 2 CFR 200. In addition, costs | ||
that are made unallowable under 10 U.S.C. 2324(e) and 41 | ||
U.S.C. 4304(a), as described in the Federal Acquisition | ||
Regulations, subpart 31.2 and subpart 31.603, are always | ||
unallowable. For requirements other than those covered in | ||
Subpart D of 2 CFR 200.330 through 200.332, the terms of the | ||
contract and the Federal Acquisition Regulations apply.
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With the exception of Subpart F of 2 CFR 200, which is | ||
required by the Single Audit Act, in any circumstances where | ||
the provisions of federal statutes or regulations differ from | ||
the provisions of this Act, the provision of the federal | ||
statutes or regulations govern. This includes, for agreements | ||
with Indian tribes, the provisions of the Indian | ||
Self-Determination and Education and Assistance Act, as | ||
amended, 25 U.S.C. 450-458ddd-2.
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(c) State grant-making agencies may apply subparts A | ||
through E of 2 CFR 200 to for-profit entities, foreign public | ||
entities, or foreign organizations, except where the awarding | ||
agency determines that the application of these subparts would | ||
be inconsistent with the international obligations of the | ||
United States or the statute or regulations of a foreign | ||
government.
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(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | ||
different types of awards. The same applicability applies to | ||
this Act.
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(e) (Blank). | ||
(f) For public institutions of higher education, the | ||
provisions of this Act apply only to awards funded by State | ||
appropriations and federal pass-through awards from a State | ||
agency to public institutions of higher education. This Act | ||
shall recognize provisions in 2 CFR 200 as applicable to | ||
public institutions of higher education, including Appendix | ||
III of Part 200 and the cost principles under Subpart E. |
(g) Each grant-making agency shall enhance its processes | ||
to monitor and address noncompliance with reporting | ||
requirements and with program performance standards. Where | ||
applicable, the process may include a corrective action plan. | ||
The monitoring process shall include a plan for tracking and | ||
documenting performance-based contracting decisions.
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(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18; | ||
101-81, eff. 7-12-19 .) | ||
Section 10. The Downstate Public Transportation Act is | ||
amended by changing Sections 2-3, 2-4, 2-5, 2-5.1, 2-7, 2-9, | ||
2-10, 2-11, 2-12, 2-13, 2-14, 2-15.2, 2-15.3, and 2-17 as | ||
follows:
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(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
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Sec. 2-3. (a) As soon as possible after the first day of | ||
each month,
beginning July 1, 1984, upon certification of the | ||
Department of Revenue,
the Comptroller shall order | ||
transferred, and the Treasurer shall
transfer, from the | ||
General Revenue Fund to a special fund in the State
Treasury | ||
which is hereby created, to be known as the Downstate Public
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Transportation Fund, an amount equal to 2/32 (beginning July | ||
1, 2005, 3/32) of the net revenue
realized from the Retailers' | ||
Occupation Tax Act, the Service Occupation Tax Act,
the Use | ||
Tax Act, and the Service Use Tax
Act from persons incurring | ||
municipal or
county retailers' or service occupation tax |
liability for the benefit of
any municipality or county | ||
located wholly within the boundaries of each
participant, | ||
other than any Metro-East Transit District participant
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certified pursuant to subsection (c) of this Section during | ||
the
preceding month, except that the Department shall pay into | ||
the Downstate
Public Transportation Fund 2/32 (beginning July | ||
1, 2005, 3/32) of 80% of the net revenue realized under
the | ||
State tax Acts named above within any municipality or county | ||
located
wholly within the boundaries of each participant, | ||
other than any Metro-East
participant, for tax periods | ||
beginning on or after January 1, 1990.
Net revenue realized | ||
for a month shall be the revenue
collected by the State | ||
pursuant to such Acts during the previous month
from persons | ||
incurring municipal or county retailers' or service
occupation | ||
tax liability for the benefit of any municipality or county
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located wholly within the boundaries of a participant, less | ||
the amount
paid out during that same month as refunds or credit | ||
memoranda to
taxpayers for overpayment of liability under such | ||
Acts for the benefit
of any municipality or county located | ||
wholly within the boundaries of a
participant. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 (the effective date of Public Act | ||
100-23), those amounts required under this subsection (a) to | ||
be transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation |
Fund as the revenues are realized from the taxes indicated.
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(b) As soon as possible after the first day of each month, | ||
beginning
July 1, 1989, upon certification of the Department | ||
of Revenue, the
Comptroller shall order transferred, and the | ||
Treasurer shall transfer, from
the General Revenue Fund to a | ||
special fund in the State Treasury which is
hereby created, to | ||
be known as the Metro-East Public Transportation Fund,
an | ||
amount equal to 2/32 of the net revenue realized, as above, | ||
from within
the boundaries of Madison, Monroe, and St. Clair | ||
Counties, except that the
Department shall pay into the | ||
Metro-East Public Transportation Fund 2/32 of
80% of the net | ||
revenue realized under the State tax Acts specified in
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subsection (a) of this Section within the boundaries of
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Madison, Monroe and St. Clair Counties for tax periods | ||
beginning on or
after January 1, 1990. A local match
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equivalent to an amount which could be raised by a tax levy at | ||
the rate of
.05% on the assessed value of property within the | ||
boundaries of Madison County is required annually to cause a | ||
total of 2/32
of the net revenue to be deposited in the | ||
Metro-East Public Transportation
Fund. Failure to raise the | ||
required local match annually shall result in
only 1/32 being | ||
deposited into the Metro-East Public Transportation Fund
after | ||
July 1, 1989, or 1/32 of 80% of the net revenue realized for | ||
tax
periods beginning on or after January 1, 1990.
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(b-5) As soon as possible after the first day of each | ||
month, beginning July 1, 2005, upon certification of the |
Department of Revenue, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, from the | ||
General Revenue Fund to the Downstate Public Transportation | ||
Fund, an amount equal to 3/32 of 80% of the net revenue | ||
realized from within the boundaries of Monroe and St. Clair | ||
Counties under the State Tax Acts specified in subsection (a) | ||
of this Section and provided further that, beginning July 1, | ||
2005, the provisions of subsection (b) shall no longer apply | ||
with respect to such tax receipts from Monroe and St. Clair | ||
Counties.
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Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 (the effective date of Public Act | ||
100-23), those amounts required under this subsection (b-5) to | ||
be transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated. | ||
(b-6) As soon as possible after the first day of each | ||
month, beginning July 1, 2008, upon certification by the | ||
Department of Revenue, the Comptroller shall order transferred | ||
and the Treasurer shall transfer, from the General Revenue | ||
Fund to the Downstate Public Transportation Fund, an amount | ||
equal to 3/32 of 80% of the net revenue realized from within | ||
the boundaries of Madison County under the State Tax Acts | ||
specified in subsection (a) of this Section and provided | ||
further that, beginning July 1, 2008, the provisions of |
subsection (b) shall no longer apply with respect to such tax | ||
receipts from Madison County. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 (the effective date of Public Act | ||
100-23), those amounts required under this subsection (b-6) to | ||
be transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated. | ||
(b-7) Beginning July 1, 2018, notwithstanding the other | ||
provisions of this Section, instead of the Comptroller making | ||
monthly transfers from the General Revenue Fund to the | ||
Downstate Public Transportation Fund, the Department of | ||
Revenue shall deposit the designated fraction of the net | ||
revenue realized from collections under the Retailers' | ||
Occupation Tax Act, the Service Occupation Tax Act, the Use | ||
Tax Act, and the Service Use Tax Act directly into the | ||
Downstate Public Transportation Fund. | ||
(c) The Department shall certify to the Department of | ||
Revenue the
eligible participants under this Article and the | ||
territorial boundaries
of such participants for the purposes | ||
of the Department of Revenue in
subsections (a) and (b) of this | ||
Section.
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(d) For the purposes of this Article, beginning in fiscal | ||
year 2009 the General Assembly shall appropriate
an amount | ||
from the Downstate Public Transportation Fund equal to the sum |
total of funds projected to be paid to the
participants | ||
pursuant to Section 2-7. If the General Assembly fails to make | ||
appropriations sufficient to cover the amounts projected to be | ||
paid pursuant to Section 2-7, this Act shall constitute an | ||
irrevocable and continuing appropriation from the Downstate | ||
Public Transportation Fund of all amounts necessary for those | ||
purposes. | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) (Blank).
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(h) For State fiscal year 2020 only, notwithstanding any | ||
provision of law to the contrary, the total amount of revenue | ||
and deposits under this Section attributable to revenues | ||
realized during State fiscal year 2020 shall be reduced by 5%. | ||
(i) For State fiscal year 2021 only, notwithstanding any | ||
provision of law to the contrary, the total amount of revenue | ||
and deposits under this Section attributable to revenues | ||
realized during State fiscal year 2021 shall be reduced by 5%. | ||
(j) Commencing with State fiscal year 2022 programs, and | ||
for each fiscal year thereafter, all appropriations made under | ||
the provisions of this Act shall not constitute a grant | ||
program subject to the requirements of the Grant | ||
Accountability and Transparency Act. The Department shall | ||
approve programs of proposed expenditures and services | ||
submitted by participants under the requirements of Sections | ||
2-5 and 2-11. |
(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18; | ||
100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff. | ||
6-5-19; 101-636, eff. 6-10-20.)
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(30 ILCS 740/2-4) (from Ch. 111 2/3, par. 664)
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Sec. 2-4.
The Department shall establish forms for the | ||
reporting
of projected and actual operating deficits and | ||
expenses and other required
information by the participants, | ||
and has the power to promulgate rules and
regulations for the | ||
filing of such reports within the limitations set out
in | ||
Sections 2-5, 2-6 and 2-7. Each participant shall be governed | ||
by the rules and regulations established under this Section.
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(Source: P.A. 82-783.)
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(30 ILCS 740/2-5) (from Ch. 111 2/3, par. 665)
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Sec. 2-5. Applications. | ||
(a) Through State fiscal year 2021, each Each participant | ||
making application for grants pursuant to this Article
shall | ||
submit to the Department at the time of making such | ||
application,
on forms provided by the Department: (1) (a) an | ||
estimate of projected
operating deficits and a separate | ||
statement of eligible
operating
expenses and an estimate of | ||
all projected operating income or revenues;
and (2) (b) a | ||
program of proposed expenditures; all such submittals to be
| ||
for the period of such grant. The program of proposed | ||
expenditures shall
be directly related to the operation, |
maintenance or improvement of an
existing system of public | ||
transportation serving the residents of the
participant, and | ||
shall include the proposed expenditures for eligible
operating | ||
expenses.
| ||
For Fiscal Year 1980 grant applications shall be submitted | ||
to the Department
within 60 days of the effective date of this | ||
amendatory Act of 1979. Beginning
with Fiscal Year 1981 and | ||
thereafter, grant applications shall be submitted
to the | ||
Department by April 1 of the preceding fiscal year. | ||
(b) For Fiscal Year 2022 applications for funding, and for | ||
each fiscal year thereafter, each participant making | ||
application for funding shall submit to the Department by | ||
April 1 of the preceding fiscal year, a program of proposed | ||
expenditures and services on forms provided by the Department, | ||
consisting of the following information: (1) an estimate of | ||
projected operating deficits and a separate statement of | ||
eligible operating expenses and an estimate of all projected | ||
operating income or revenues; and (2) a program of proposed | ||
expenditures and services; all such submittals to be for the | ||
period of such project. The program of proposed expenditures | ||
and services shall be directly related to the operation, | ||
maintenance, or improvement of an existing system of public | ||
transportation serving the residents of the participant, and | ||
shall include the proposed expenditures and services for | ||
eligible operating expenses.
| ||
(Source: P.A. 82-783.)
|
(30 ILCS 740/2-5.1) | ||
Sec. 2-5.1. Additional requirements. | ||
(a) Through State fiscal year 2021, any Any unit of local | ||
government that becomes a participant on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly shall, in addition to any other requirements under | ||
this Article, meet all of the following requirements when | ||
applying for grants under this Article:
| ||
(1) The grant application must demonstrate the | ||
participant's plan to provide general public | ||
transportation with an emphasis on persons with | ||
disabilities and elderly and economically disadvantaged | ||
populations. | ||
(2) The grant application must demonstrate the | ||
participant's plan for interagency coordination that, at a | ||
minimum, allows the participation of all State-funded and | ||
federally-funded agencies and programs with transportation | ||
needs in the proposed service area in the development of | ||
the applicant's public transportation program. | ||
(3) Any participant serving a nonurbanized area that | ||
is not receiving Federal Section 5311 funding must meet | ||
the operating and safety compliance requirements as set | ||
forth in that federal program. | ||
(4) The participant is required to hold public | ||
hearings to allow comment on the proposed service plan in |
all municipalities with populations of 1,500 inhabitants | ||
or more within the proposed service area. | ||
(a-5) Any unit of local government that becomes a | ||
participant on or after the effective date of this amendatory | ||
Act of the 102nd General Assembly shall, in addition to any | ||
other requirements under this Article, meet all of the | ||
following requirements when applying for the approval of the | ||
program of proposed expenditures and services under this | ||
Article: | ||
(1) The program of proposed expenditures and services | ||
must demonstrate the participant's plan to provide general | ||
public transportation with an emphasis on persons with | ||
disabilities and elderly and economically disadvantaged | ||
populations. | ||
(2) The program of proposed expenditures and services | ||
must demonstrate the participant's plan for interagency | ||
coordination that, at a minimum, allows the participation | ||
of all State-funded and federally-funded agencies and | ||
programs with transportation needs in the proposed service | ||
area in the development of the applicant's public | ||
transportation program. | ||
(3) Any participant serving a non-urbanized area that | ||
is not receiving Federal Section 5311 Program funding must | ||
meet the operating and safety compliance requirements as | ||
set forth in that federal program. | ||
(4) The participant is required to hold public |
hearings to allow comment on the proposed service plan in | ||
all municipalities with populations of 1,500 inhabitants | ||
or more within the proposed service area. | ||
(b) Service extensions by any participant after July 1, | ||
2005 by either annexation or intergovernmental agreement must | ||
meet the 4 requirements of subsection (a). | ||
(c) In order to receive funding, the Department shall | ||
certify that the participant has met the requirements of this | ||
Section. Funding priority shall be given to service extension, | ||
multi-county, and multi-jurisdictional projects. | ||
(d) The Department shall develop an annual application | ||
process for existing or potential participants to request an | ||
initial appropriation or an appropriation exceeding the | ||
formula amount found in subsection (b-10) of Section 2-7 for | ||
funding service in new areas in the next fiscal year. The | ||
application shall include, but not be limited to, a | ||
description of the new service area, proposed service in the | ||
new area, and a budget for providing existing and new service. | ||
The Department shall review the application for reasonableness | ||
and compliance with the requirements of this Section, and, if | ||
it approves the application, shall recommend to the Governor | ||
an appropriation for the next fiscal year in an amount | ||
sufficient to provide 65% of projected eligible operating | ||
expenses associated with a new participant's service area or | ||
the portion of an existing participant's service area that has | ||
been expanded by annexation or intergovernmental agreement. |
The recommended appropriation for the next fiscal year may | ||
exceed the formula amount found in subsection (b-10) of | ||
Section 2-7. | ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| ||
Sec. 2-7. Quarterly reports; annual audit.
| ||
(a) Any Metro-East Transit District participant shall, no
| ||
later than 60 days following the end of each quarter
of any | ||
fiscal year, file
with the Department on forms provided by the | ||
Department for that purpose, a
report of the actual operating | ||
deficit experienced during that quarter. The
Department shall, | ||
upon receipt of the quarterly report, determine whether
the | ||
operating deficits were incurred in conformity with
the | ||
program of proposed expenditures and services approved by the | ||
Department pursuant to
Section 2-11. Any Metro-East District | ||
may either monthly or quarterly for
any fiscal year file a | ||
request for the participant's eligible share, as
allocated in | ||
accordance with Section 2-6, of the amounts transferred into | ||
the
Metro-East Public Transportation Fund.
| ||
(b) Each participant other than any Metro-East Transit | ||
District
participant shall, 30 days before the end of each | ||
quarter, file with the
Department
on forms provided by the | ||
Department for such purposes a report of the projected
| ||
eligible operating expenses to be incurred in the next quarter | ||
and 30 days
before the third and fourth quarters of any fiscal |
year a statement of actual
eligible operating expenses | ||
incurred in the preceding quarters. Except as otherwise | ||
provided in subsection (b-5), within
45 days of receipt by the | ||
Department of such quarterly report, the Comptroller
shall | ||
order paid and the Treasurer shall pay from the Downstate | ||
Public
Transportation Fund to each participant an amount equal | ||
to one-third of
such participant's eligible operating | ||
expenses; provided, however, that in
Fiscal Year 1997, the | ||
amount paid to each participant from the
Downstate Public | ||
Transportation Fund shall be an amount equal to 47% of
such | ||
participant's eligible operating expenses and shall be | ||
increased to 49%
in Fiscal Year 1998, 51% in Fiscal Year 1999, | ||
53% in Fiscal Year 2000, 55%
in Fiscal Years
2001 through 2007, | ||
and 65% in Fiscal Year 2008 and thereafter; however, in any | ||
year that a participant
receives funding under subsection (i) | ||
of Section 2705-305 of the Department of
Transportation Law | ||
(20 ILCS 2705/2705-305), that participant shall be eligible
| ||
only for assistance equal to the following percentage of its | ||
eligible operating
expenses: 42% in Fiscal Year 1997, 44% in | ||
Fiscal Year 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year | ||
2000, and 50% in Fiscal Year 2001 and thereafter. Any
such | ||
payment for the third and fourth quarters of any fiscal year | ||
shall be
adjusted to reflect
actual eligible operating | ||
expenses for preceding quarters of such fiscal
year. However, | ||
no participant shall receive an amount less than that which
| ||
was received in the immediate prior year, provided in the |
event of a
shortfall in the fund those participants receiving | ||
less than their full
allocation pursuant to Section 2-6 of | ||
this Article shall be the first
participants to receive an | ||
amount not less than that received in the
immediate prior | ||
year.
| ||
(b-5) (Blank.)
| ||
(b-10) On July 1, 2008, each participant shall receive an | ||
appropriation in an amount equal to 65% of its fiscal year 2008 | ||
eligible operating expenses adjusted by the annual 10% | ||
increase required by Section 2-2.04 of this Act. In no case | ||
shall any participant receive an appropriation that is less | ||
than its fiscal year 2008 appropriation. Every fiscal year | ||
thereafter, each participant's appropriation shall increase by | ||
10% over the appropriation established for the preceding | ||
fiscal year as required by Section 2-2.04 of this Act.
| ||
(b-15) Beginning on July 1, 2007, and for each fiscal year | ||
thereafter, each participant shall maintain a minimum local | ||
share contribution (from farebox and all other local revenues) | ||
equal to the actual amount provided in Fiscal Year 2006 or, for | ||
new recipients, an amount equivalent to the local share | ||
provided in the first year of participation.
The local share | ||
contribution shall be reduced by an amount equal to the total | ||
amount of lost revenue for services provided under Section | ||
2-15.2 and Section 2-15.3 of this Act. | ||
(b-20) Any participant in the Downstate Public | ||
Transportation Fund may use State operating assistance funding |
pursuant to this Section to provide transportation services | ||
within any county that is contiguous to its territorial | ||
boundaries as defined by the Department and subject to | ||
Departmental approval. Any such contiguous-area service | ||
provided by a participant after July 1, 2007 must meet the | ||
requirements of subsection (a) of Section 2-5.1.
| ||
(c) No later than 180 days following the last day of the | ||
Fiscal Year each
participant shall provide the Department with | ||
an audit prepared by a Certified
Public Accountant covering | ||
that Fiscal Year. For those participants other than a | ||
Metro-East Transit
District, any discrepancy between the funds | ||
grants paid and the
percentage of the eligible operating | ||
expenses provided for by paragraph
(b) of this Section shall | ||
be reconciled by appropriate payment or credit.
In the case of | ||
any Metro-East Transit District, any amount of payments from
| ||
the Metro-East Public Transportation Fund which exceed the | ||
eligible deficit
of the participant shall be reconciled by | ||
appropriate payment or credit.
| ||
(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; | ||
95-906, eff. 8-26-08.)
| ||
(30 ILCS 740/2-9) (from Ch. 111 2/3, par. 669)
| ||
Sec. 2-9.
Each program of proposed expenditures and | ||
services shall, in the case of a system
of public | ||
transportation owned and operated by a participant, undertake
| ||
to meet operating deficits directly. The purchase of service |
agreements with a provider of public transportation services | ||
shall constitute an eligible expense Grants to a participant | ||
may be made
for services provided through purchase of service | ||
agreements with a provider of public
transportation services .
| ||
(Source: P.A. 82-783.)
| ||
(30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
| ||
Sec. 2-10. Cooperative projects. Nothing in this Act shall | ||
prohibit any participant from including in a
program of | ||
proposed expenditures and services funding for a portion of a | ||
cooperative
public transportation project or purpose, the | ||
total cost of which is shared
among one or more other | ||
participants or other financial contributors, as
long as the | ||
residents of the participant are served by any such project or
| ||
purpose.
| ||
(Source: P.A. 82-783.)
| ||
(30 ILCS 740/2-11) (from Ch. 111 2/3, par. 671)
| ||
Sec. 2-11.
The Department shall
review and approve or | ||
disapprove within 45 days of receipt each program
of proposed | ||
expenditures and services submitted by any participant | ||
pursuant to the
provisions of Section 2-5 . Notwithstanding the | ||
above, in the event the Department is prevented from | ||
processing applications or certifying that a participant meets | ||
the requirements of this Section due to extraordinary | ||
circumstances beyond its control, the certification deadline |
for that application shall be stayed until the Department is | ||
able to process and certify the same. Notice from the | ||
Department, as well as an explanation of the extraordinary | ||
circumstances, shall be provided to each participant affected | ||
by such delay. The Department may disapprove a
program of | ||
proposed expenditures and services or portions thereof only | ||
for the
following reasons:
| ||
(a) A finding that expenditures are proposed for projects | ||
or
purposes which are not in compliance with Section 2-5; or
| ||
(b) A finding that expenditures are proposed for projects | ||
or
purposes which are in conflict with established | ||
comprehensive
transportation plans for a participant or a | ||
region of which it is a
part; or
| ||
(c) In Fiscal Year 1980, with regard to the participants | ||
which have not
received State operating assistance prior to | ||
the effective date of this
amendatory Act of 1979, a finding by | ||
the Department that a
proposed program submitted by such | ||
participant or any portion thereof is
not in the public | ||
interest in that levels or kinds of service proposed exceeds
| ||
the reasonable needs of the community served by such | ||
participant as demonstrated
in the transportation development | ||
plan for such community or other studies
and information | ||
available to the Department.
| ||
(Source: P.A. 82-783.)
| ||
(30 ILCS 740/2-12) (from Ch. 111 2/3, par. 672)
|
Sec. 2-12. Disapproval of program. Upon disapproval of any | ||
program of proposed expenditures and services , the Department
| ||
shall so notify the chief official of the participant having | ||
submitted such
program, setting forth in detail the reasons | ||
for such disapproval.
Thereupon, any such participant shall | ||
have 45 days from the date of receipt
of such notice of | ||
disapproval by the Department to submit to the Department
one | ||
or more amended programs of proposed expenditures and | ||
services .
| ||
(Source: P.A. 82-783.)
| ||
(30 ILCS 740/2-13) (from Ch. 111 2/3, par. 673)
| ||
Sec. 2-13.
Review
of amended programs.
The Department | ||
shall review each amended program of proposed
expenditures and | ||
services submitted to it pursuant to the provisions of Section | ||
2-12 and
may disapprove any such amended program of proposed | ||
expenditures and services only for
the reasons and in the same | ||
fashion set forth in Section 2-11.
| ||
(Source: P.A. 82-783.)
| ||
(30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| ||
Sec. 2-14. Grants. | ||
(a) Upon a determination by the Department that any | ||
initial or amended
program of proposed expenditures is in | ||
compliance with the provisions of
this Act, and upon approval | ||
thereof, the Department shall enter into one or
more grant |
agreements with and shall make grants to that participant as
| ||
necessary to implement the adopted program of expenditures.
| ||
(b) All grants by the Department pursuant to this Act | ||
shall be
administered upon such conditions as the Secretary of | ||
Transportation shall
determine, consistent with the provisions | ||
and purpose of this Act. | ||
(c) For State fiscal year 2022 or any fiscal year | ||
thereafter, upon a determination by the Department that any | ||
initial or amended program of proposed expenditure is in | ||
compliance with the provisions of this Act, and upon approval | ||
thereof, the Department shall enter into one or more | ||
agreements with the participant and shall obligate for payment | ||
to that participant as necessary to implement the adopted | ||
program of expenditure.
| ||
(Source: P.A. 82-783.)
| ||
(30 ILCS 740/2-15.2) | ||
Sec. 2-15.2. Free services; eligibility. | ||
(a) Notwithstanding any law to the contrary, no later than | ||
60 days following the effective date of this amendatory Act of | ||
the 95th General Assembly and until subsection (b) is | ||
implemented, any fixed route public transportation services | ||
provided by, or under grant or purchase of service contracts | ||
of, every participant, as defined in Section 2-2.02 (1)(a), | ||
shall be provided without charge to all senior citizen | ||
residents of the participant aged 65 and older, under such |
conditions as shall be prescribed by the participant. | ||
(b) Notwithstanding any law to the contrary, no later than | ||
180 days following the effective date of this amendatory Act | ||
of the 96th General Assembly, but only through State fiscal | ||
year 2021, any fixed route public transportation services | ||
provided by, or under grant or purchase of service contracts | ||
of, every participant, as defined in Section 2-2.02 (1)(a), | ||
shall be provided without charge to senior citizens aged 65 | ||
and older who meet the income eligibility limitation set forth | ||
in subsection (a-5) of Section 4 of the Senior Citizens and | ||
Persons with Disabilities Property Tax Relief Act, under such | ||
conditions as shall be prescribed by the participant. The | ||
Department on Aging shall furnish all information reasonably | ||
necessary to determine eligibility, including updated lists of | ||
individuals who are eligible for services without charge under | ||
this Section. Nothing in this Section shall relieve the | ||
participant from providing reduced fares as may be required by | ||
federal law.
| ||
(Source: P.A. 99-143, eff. 7-27-15.) | ||
(30 ILCS 740/2-15.3)
| ||
Sec. 2-15.3. Transit services for individuals with | ||
disabilities. Notwithstanding any law to the contrary, no | ||
later than 60 days following the effective date of this | ||
amendatory Act of the 95th General Assembly, but only through | ||
State fiscal year 2021, all fixed route public transportation |
services provided by, or under grant or purchase of service | ||
contract of, any participant shall be provided without charge | ||
to all persons with disabilities who meet the income | ||
eligibility limitation set forth in subsection (a-5) of | ||
Section 4 of the Senior Citizens and Persons with Disabilities | ||
Property Tax Relief Act, under such procedures as shall be | ||
prescribed by the participant. The Department on Aging shall | ||
furnish all information reasonably necessary to determine | ||
eligibility, including updated lists of individuals who are | ||
eligible for services without charge under this Section.
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
(30 ILCS 740/2-17) (from Ch. 111 2/3, par. 678)
| ||
Sec. 2-17.
County authorization to provide public
| ||
transportation and to receive funds from appropriations to | ||
apply for funding grants in connection therewith.
(a) Any | ||
county or counties may, by ordinance, operate or otherwise
| ||
provide for public transportation within such county or | ||
counties. In order
to so provide for such public | ||
transportation, any county or counties may
enter into | ||
agreements with any individual, corporation or other person or
| ||
private or public entity to operate or otherwise assist in the | ||
provision of
such public transportation services. Upon the | ||
execution of an agreement for
the operation of such public | ||
transportation, the operator shall file 3
copies of such | ||
agreement certified by the clerk of the county executing the
|
same with the Illinois Commerce Commission. Thereafter the | ||
Illinois
Commerce Commission shall enter an order directing | ||
compliance by the
operator with the provisions of Sections 55a | ||
and 55b of "An Act concerning
public utilities", approved June | ||
28, 1921, as amended.
| ||
(b) Any county may apply for, accept and expend moneys | ||
grants , loans or other
funds from the State of Illinois or any | ||
department or agency thereof, from
any unit of local | ||
government, from the federal government or any department
or | ||
agency thereof, or from any other person or entity, for use in
| ||
connection with any public transportation provided pursuant to | ||
this Section.
| ||
(Source: P.A. 82-783.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|