HB0928ham001 101ST GENERAL ASSEMBLY

Rep. André Thapedi

Filed: 2/7/2019

10100HB0928ham001 LRB101 07822 RJF 56082 a

AMENDMENT TO HOUSE BILL 928

AMENDMENT NO. ______. Amend House Bill 928 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the 2020 Census Grant Program Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) Section 2 of Article 1 of the United States Constitution requires a non-biased and nonpolitical enumeration of the population of the United States every 10 years, which is known as the federal decennial census;

(2) the federal decennial census is important because census figures affect congressional representation, State redistricting, federal formula grant allocations, State funding to local governments, local programs, and planning activities for the next 10 years;

(3) the federal decennial census not only counts population, but also: (i) establishes representation decisions for federal, State, and local governments; (ii) is the basis upon which federal funding is allocated for programs such as Medicare, Medicaid, and the National School Lunch Program; and (iii) guides business decisions regarding labor pools and investment choices;

(4) because federal decennial census data are used in political, business, and social welfare contexts, the accuracy of the count is critical;

(5) Congress has underfunded the U.S. Commerce Department's budget to conduct the 2020 Census, causing the Census Bureau to cancel certain preparations that would test the Census Bureau's new digital tools;

(6) the Census Bureau plans for 80% of the country to receive communications that urge a response to the census via the Internet;

(7) the Census Bureau's reliance on the Internet is worrisome because 21% of rural households do not currently have Internet access at home, putting rural residents at risk of being undercounted;

(8) in fiscal year 2015, the 50 states and the District of Columbia received $589,700,000,000 from 16 large federal assistance programs that allocate funds on the basis of federal decennial census–derived statistics;

(9) according to the George Washington University Institute for Public Policy, in fiscal year 2015, Illinois received $19,738,866,367, or approximately $1,535 per capita, for 16 major federal assistance programs that distribute funds based on federal decennial census-derived statistics;

(10) a complete and accurate count of all Illinois residents in the 2020 Census is vital to ensure fair political representation and distribution of funding in Illinois;

(11) historically, it has been more difficult to reach and enumerate certain groups as part of the federal decennial census, including, but not limited to, racial and ethnic minorities, persons who do not speak English fluently, lower income persons, homeless persons, undocumented immigrants, young mobile persons, children, persons who are distrustful of the government, and LGBTQ persons;

(12) a geographic area is considered hard-to-count if the area's self-response rate in the 2010 decennial census was 73% or less;

(13) according to the Census 2020 hard-to-count map application developed by the City University of New York Mapping Service, approximately 16% of Illinoisans are hard-to-count and face a high likelihood of being undercounted;

(14) there are census tracts in jurisdictions throughout the State where achieving an accurate count of the population is challenging, including the counties of Cook, DeKalb, Pulaski, Kankakee, Peoria, Alexander, Jackson, Coles, Champaign, St. Clair, McDonough, Winnebago, and Lake;

(15) the U.S. Government Accountability Office added the 2020 Census to the High Risk list because of concerns about funding and effective operations, increasing concerns about an undercount of the population; and

(16) adequate funding is necessary to ensure a complete and accurate count of all people in this State, and it is the intent of the General Assembly that existing governmental outreach and education efforts be used to facilitate a complete count for the 2020 Census.

Section 10. Definitions. As used in this Act:

"2020 Census" means the decennial census conducted by the United States Census Bureau in the year 2020 to determine the number of people living in the United States for purposes of apportionment of representatives in the House of Representatives.

"Grant Panel" means the 2020 Census Grant Program Panel.

Section 15. 2020 Census Grant Program.

(a) There is created the 2020 Census Grant Program for the purpose of issuing grants to units of local government and nonprofit organizations to support the accurate counting of the population of the State and its local jurisdictions, and the collection of basic demographic and housing information of the population of this State for the 2020 Census.

(b) There is created the 2020 Census Grant Program Panel. The Grant Panel shall consist of the following members:

(i) a chair appointed jointly by the President of the Senate and the Speaker of the House of Representatives;

(ii) two members appointed by the Governor; and

(iii) two members appointed jointly by the President of the Senate and the Speaker of the House of Representatives.

(c) The Department of Commerce and Economic Opportunity shall provide staff and administrative support for the Grant Panel. A member of the Grant Panel shall not receive compensation for service as a member of the Grant Panel, but is entitled to reimbursement for necessary travel expenses incurred by the member.

(d) On or before July 1, 2019, a unit of local government or nonprofit organization may apply to the Grant Panel for funds to support the accurate counting of the population of its jurisdiction or the State and the collection of basic demographic and housing information of the population of the State for the 2020 Census.

(e) On or before August 1, 2019, the Grant Panel shall award funds, in an amount determined by the Grant Panel, to units of local government and nonprofit organizations for approved applications.

(f) The Grant Panel shall notify units of local government of the 2020 Census Grant Program. Units of local government receiving notice from the Grant Panel under this subsection (f) shall notify nonprofit organizations within the jurisdiction of the unit of local government of the 2020 Census Grant Program.

(g) For fiscal year 2020, the Governor shall include in the annual State budget for the 2020 Census Grant Program an appropriation of $33,000,000.

Section 20. Program application.

(a) Applicants for these grants shall use the grant application format prepared and made available by the Grant Panel for this purpose. The applications will be available on the website of the Department of Commerce and Economic Opportunity. Public agencies and private sector entities shall be eligible to apply for these grants. Each applicant shall describe itself, whether it is a public agency or private sector entity. Each private sector entity shall describe itself, including its legal status (corporation, joint venture, partnership, or not-for-profit) and its mission. All private sector entities must be authorized to do business in the State of Illinois or, if a not-for-profit entity, authorized to conduct affairs in Illinois. Applicants shall designate that they are applying for a grant to encourage census participation in hard to count communities and of hard to count persons, and shall designate the amount of grant funds being requested. Each application shall include a detailed, narrative statement describing the proposed use of the grant funds. Each applicant also shall provide:

(1) project director name, with contact information;

(2) description of ability to administer the Grant;

(3) project title;

(4) project description;

(5) target audience and need;

(6) project schedule;

(7) methods for evaluating outcome; and

(8) proposed budget, details, and explanation of expenses.

(b) Grant applicants must demonstrate in their grant applications that they have satisfactorily met all requirements set forth in this Section, and they possess the administrative capacity to perform the program, fiscal and reporting functions stipulated in this Section.

(c) The Grant Panel may deny a grant application if the requirements in this Section are not met, or are inadequately met. The Grant Panel shall not discriminate on the basis of race, color, religion, gender, age, national origin, disability, marital status, sexual orientation, or military status in the awarding of grants.

(d) Grant applications not submitted in the required format by the deadline date set forth in subsection (d) of Section 15, or not completed, shall not be considered for funding by the Grant Panel.

(e) This shall be a competitive grant application process. A grant review committee shall review all grant applications and make recommendations to the Grant Panel rewarding grant awards. The following requirements shall apply to the grant review committee:

(1) The grant review committee shall consist of personnel of the Department of Commerce and Economic Opportunity, designated members of the Complete Count Commission, and, at the discretion of the Grant Panel, additional qualified reviewers.

(2) Any additional reviewers shall be selected based on their academic qualifications and their vocational and volunteer experience related to the subject matter of the grant.

(3) No person shall serve on a grant review committee if that person is an applicant for the grant, is employed by an applicant for the grant, has an ownership interest in or receives income from an applicant for the grant, or is related more closely than the fifth degree of consanguinity (second cousins) to an owner or employee of an applicant for the grant.

(4) Members of the grant review committee shall independently consider the following criteria, and assign weighted scores up to the total amount of points indicated:

(A) Abstract. Does the project overview appropriately communicate the proposed project? (25 points)

(B) Administrative capacity. Does the applicant have adequate experience and qualifications to accomplish the proposed project? Is the applicant a known and trusted voice in the community to be served? (100 points)

(C) Project description. Has the applicant provided a comprehensive description of the project, including details about methods, activities, and services to be provided in light of the legislative findings of Section 5? If the applicant is partnering with any other entity, is that partnership fully explained, and are those entities known and trusted voices in the communities to be served? (200 points)

(D) Target audience and need. Has the applicant identified the intended audience and its need for services proposed? With regard to grant applications to encourage participation in the census, and noting that based on the latest census estimates approximately 16% of Illinois' current population lives in hard-to-count neighborhoods, has the applicant set forth a plan for identifying and working in these hard-to-count neighborhoods? (500 points)

(E) Project schedule. Does the applicant's timeline clearly illustrate appropriate scheduling of proposed actions and activities? (50 points)

(F) Evaluation. Is the methodology and strategy that the applicant will use to evaluate the success of the project reasonable? (25 points)

(G) Budget. Is the proposed budget reasonable, necessary, appropriate, and adequate to perform the proposed services? (100 points)

For purposes of this grant application and review process:

"Community provider" means an entity that has the capability to provide services or goods to designated communities as necessary to complete the requirements of the grant.

"Census participation" means the act of responding to the census questionnaire by mail, phone, or online.

(f) The total sum appropriated for a particular purpose may be awarded to a single applicant, or that sum may be divided into awards to multiple applicants. If grants are awarded to multiple applicants, each selected application shall be funded according to the amount of funding available based on the comparative demonstrated need, experience executing the proposed program or plan, and projected outcomes.

(g) All grant applicants shall be notified whether or not their application has been approved. The decision of the Grant Panel regarding the award of grants under this Section is final.

(h) The Grant Panel shall notify the submitting entity when an application is approved. All approved applicants shall enter into a grant agreement provided by the Grant Panel before any grant funds will be distributed.

Section 25. Grant reporting requirements.

(a) As stipulated by the grant agreement, the following reports shall be completed and transmitted to the Department of Commerce and Economic Opportunity by each grant recipient:

(1) monthly narrative and financial reports showing expenditures made from grant funds by line item;

(2) a final financial report showing all expenditures of grant funds and the return of any non-expended grant funds; and

(3) a final narrative report evaluating the degree to which the grantee achieved the goals and objectives of the project.

(b) The Grant Panel may request additional information and data from any grant applicant.

(c) Grants awarded under this Section are subject to the Grant Accountability and Transparency Act, and the Grant Panel shall not consider grant applications submitted by entities included in the Illinois Debarred and Suspended List maintained by the Governor's Office of Management and Budget.

(d) Grant recipients shall maintain books and records relating to the expenditure of grant funds. Books and records, including information stored in computer systems, shall be maintained by the grant recipient for a period of 3 years from the later of the date of the final grant payment or the completion of the projects for which the grant was issued. Books and records required to be maintained under this Section shall be available for review or audit by the Department of Commerce and Economic Opportunity, the Attorney General, or the Auditor General. Failure to maintain books and records required by this Section shall establish a presumption in favor of the Grant Panel for the recovery of any grant funds, attorney's fees, and costs paid by the Grant Panel or its designee.

(e) Grants made under this Section are subject to the provisions of the Illinois Grant Funds Recovery Act. Actions brought under that Act may include, but are not limited to, a grant recipient's failure to spend funds in accordance with the application or approved amendment or the failure to comply with reporting procedures stipulated in this Section. If a provision of this Section conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Funds Recovery Act controls.

(f) Obligations of the Grant Panel to fund this Grant Program will cease immediately without penalty or further payment being required if the funds for the grants are not available to the Grant Panel.

Section 30. Repeal. This Act is repealed on January 1, 2022.

Section 99. Effective date. This Act takes effect upon becoming law.".