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91_HB4253eng
HB4253 Engrossed LRB9110370DHks
1 AN ACT to amend the Downstate Public Transportation Act
2 by changing Sections 2-2.02, 2-2.04, and 2-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Downstate Public Transportation Act is
6 amended by changing Sections 2-2.02, 2-2.04, and 2-7 as
7 follows:
8 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
9 Sec. 2-2.02. "Participant" means:
10 (1) a city, village, or incorporated town, or a local
11 mass transit district organized under the Local Mass Transit
12 District Act (a) serving an urbanized area of over 50,000
13 population on December 28, 1989, (b) receiving State mass
14 transportation operating assistance pursuant to the Downstate
15 Public Transportation Act during Fiscal Year 1979, or (c)
16 serving a nonurbanized area and receiving federal rural
17 public transportation assistance during Fiscal Year 2001 on
18 the effective date of this amendatory Act of 1993; or
19 (2) any Metro-East Transit District established pursuant
20 to Section 3 of the Local Mass Transit District Act and
21 serving one or more of the Counties of Madison, Monroe, and
22 St. Clair during Fiscal Year 1989, all located outside the
23 boundaries of the Regional Transportation Authority as
24 established pursuant to the Regional Transportation Authority
25 Act.
26 (Source: P.A. 91-357, eff. 7-29-99.)
27 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
28 Sec. 2-2.04. "Eligible operating expenses" means all
29 expenses required for public transportation, including
30 employee wages and benefits, materials, fuels, supplies,
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1 rental of facilities, taxes other than income taxes, payment
2 made for debt service (including principal and interest) on
3 publicly owned equipment or facilities, and any other
4 expenditure which is an operating expense according to
5 standard accounting practices for the providing of public
6 transportation. Eligible operating expenses shall not include
7 allowances: (a) for depreciation whether funded or unfunded;
8 (b) for amortization of any intangible costs; (c) for debt
9 service on capital acquired with the assistance of capital
10 grant funds provided by the State of Illinois; (d) for
11 profits or return on investment; (e) for excessive payment to
12 associated entities; (f) for Comprehensive Employment
13 Training Act expenses; (g) for costs reimbursed under
14 Sections 6 and 8 of the "Urban Mass Transportation Act of
15 1964", as amended; (h) for entertainment expenses; (i) for
16 charter expenses; (j) for fines and penalties; (k) for
17 charitable donations; (l) for interest expense on long term
18 borrowing and debt retirement other than on publicly owned
19 equipment or facilities; (m) for income taxes; or (n) for
20 such other expenses as the Department may determine
21 consistent with federal Department of Transportation
22 regulations or requirements.
23 With respect to participants other than any Metro-East
24 Transit District participant and those receiving federal
25 research development and demonstration funds pursuant to
26 Section 6 of the "Urban Mass Transportation Act of 1964", as
27 amended, during the fiscal year ending June 30, 1979, the
28 maximum eligible operating expenses for any such participant
29 in any fiscal year after Fiscal Year 1980 shall be the amount
30 appropriated for such participant for the fiscal year ending
31 June 30, 1980, plus in each year a 10% increase over the
32 maximum established for the preceding fiscal year. For
33 Fiscal Year 1980 the maximum eligible operating expenses for
34 any such participant shall be the amount of projected
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1 operating expenses upon which the appropriation for such
2 participant for Fiscal Year 1980 is based.
3 With respect to participants receiving federal research
4 development and demonstration operating assistance funds for
5 operating assistance pursuant to Section 6 of the "Urban Mass
6 Transportation Act of 1964", as amended, during the fiscal
7 year ending June 30, 1979, the maximum eligible operating
8 expenses for any such participant in any fiscal year after
9 Fiscal Year 1980 shall not exceed such participant's eligible
10 operating expenses for the fiscal year ending June 30, 1980,
11 plus in each year a 10% increase over the maximum established
12 for the preceding fiscal year. For Fiscal Year 1980, the
13 maximum eligible operating expenses for any such participant
14 shall be the eligible operating expenses incurred during such
15 fiscal year, or projected operating expenses upon which the
16 appropriation for such participant for the Fiscal Year 1980
17 is based; whichever is less.
18 With respect to all participants other than any
19 Metro-East Transit District participant, the maximum eligible
20 operating expenses for any such participant in any fiscal
21 year after Fiscal Year 1985 shall be the amount appropriated
22 for such participant for the fiscal year ending June 30,
23 1985, plus in each year a 10% increase over the maximum
24 established for the preceding year. For Fiscal Year 1985, the
25 maximum eligible operating expenses for any such participant
26 shall be the amount of projected operating expenses upon
27 which the appropriation for such participant for Fiscal Year
28 1985 is based.
29 The 10% maximum increase over the amount appropriated for
30 the preceding year, however, may be exceeded for a
31 participant that received an initial appropriation in Fiscal
32 Year 1994, or Fiscal Year 1998, or Fiscal Year 2001. For any
33 such participant, a 10% maximum increase over the amount
34 appropriated in the preceding year is established in each
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1 subsequent year following the Fiscal Year when the amount
2 appropriated is equal to or greater than the maximum
3 allowable under Section 2-7 of this Act.
4 (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.)
5 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
6 Sec. 2-7. Quarterly reports; annual audit.
7 (a) Any Metro-East Transit District participant shall,
8 no later than 30 days following the end of each month of any
9 fiscal year, file with the Department on forms provided by
10 the Department for that purpose, a report of the actual
11 operating deficit experienced during that quarter. The
12 Department shall, upon receipt of the quarterly report, and
13 upon determining that such operating deficits were incurred
14 in conformity with the program of proposed expenditures
15 approved by the Department pursuant to Section 2-11, pay to
16 any Metro-East Transit District participant such portion of
17 such operating deficit as funds have been transferred to the
18 Metro-East Transit Public Transportation Fund and allocated
19 to that Metro-East Transit District participant.
20 (b) Each participant other than any Metro-East Transit
21 District participant shall, 30 days before the end of each
22 quarter, file with the Department on forms provided by the
23 Department for such purposes a report of the projected
24 eligible operating expenses to be incurred in the next
25 quarter and 30 days before the third and fourth quarters of
26 any fiscal year a statement of actual eligible operating
27 expenses incurred in the preceding quarters. Within 45 days
28 of receipt by the Department of such quarterly report, the
29 Comptroller shall order paid and the Treasurer shall pay from
30 the Downstate Public Transportation Fund to each participant
31 an amount equal to one-third of such participant's eligible
32 operating expenses; provided, however, that in Fiscal Year
33 1997, the amount paid to each participant from the Downstate
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1 Public Transportation Fund shall be an amount equal to 47% of
2 such participant's eligible operating expenses and shall be
3 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
4 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
5 and thereafter, and in the case of rural mass transit
6 districts that lack local taxes or appropriations, the amount
7 paid to each participant shall be equal to 75% of the
8 eligible operating expenses in Fiscal Year 2002 and
9 thereafter; however, in any year that a participant receives
10 funding under subsection (i) of Section 2705-305 of the
11 Department of Transportation Law (20 ILCS 2705/2705-305),
12 that participant shall be eligible only for assistance equal
13 to the following percentage of its eligible operating
14 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
15 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
16 Fiscal Year 2001 and thereafter. Any such payment for the
17 third and fourth quarters of any fiscal year shall be
18 adjusted to reflect actual eligible operating expenses for
19 preceding quarters of such fiscal year. However, no
20 participant shall receive an amount less than that which was
21 received in the immediate prior year, provided in the event
22 of a shortfall in the fund those participants receiving less
23 than their full allocation pursuant to Section 2-6 of this
24 Article shall be the first participants to receive an amount
25 not less than that received in the immediate prior year.
26 (c) No later than 180 days following the last day of the
27 Fiscal Year each participant shall provide the Department
28 with an audit prepared by a Certified Public Accountant
29 covering that Fiscal Year. Any discrepancy between the
30 grants paid and one-third of the eligible operating expenses
31 or in the case of the Bi-State Metropolitan Development
32 District the approved program amount shall be reconciled by
33 appropriate payment or credit. Beginning in Fiscal Year 1985,
34 for those participants other than the Bi-State Metropolitan
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1 Development District, any discrepancy between the grants paid
2 and the percentage of the eligible operating expenses
3 provided for by paragraph (b) of this Section shall be
4 reconciled by appropriate payment or credit.
5 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
6 revised 8-9-99.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.
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