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| 1 | AN ACT concerning finance.
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| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||
| 4 | Section 5. The Downstate Public Transportation Act is | ||||||||||||||||||||||||
| 5 | amended by changing Sections 2-3, 2-4, 2-5, 2-5.1, 2-7, 2-9, | ||||||||||||||||||||||||
| 6 | 2-10, 2-11, 2-12, 2-13, 2-14, 2-15.2, 2-15.3, and 2-17 as | ||||||||||||||||||||||||
| 7 | follows:
| ||||||||||||||||||||||||
| 8 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| ||||||||||||||||||||||||
| 9 | Sec. 2-3. (a) As soon as possible after the first day of | ||||||||||||||||||||||||
| 10 | each month,
beginning July 1, 1984, upon certification of the | ||||||||||||||||||||||||
| 11 | Department of Revenue,
the Comptroller shall order | ||||||||||||||||||||||||
| 12 | transferred, and the Treasurer shall
transfer, from the General | ||||||||||||||||||||||||
| 13 | Revenue Fund to a special fund in the State
Treasury which is | ||||||||||||||||||||||||
| 14 | hereby created, to be known as the Downstate Public
| ||||||||||||||||||||||||
| 15 | Transportation Fund, an amount equal to 2/32 (beginning July 1, | ||||||||||||||||||||||||
| 16 | 2005, 3/32) of the net revenue
realized from the Retailers' | ||||||||||||||||||||||||
| 17 | Occupation Tax Act, the Service Occupation Tax Act,
the Use Tax | ||||||||||||||||||||||||
| 18 | Act, and the Service Use Tax
Act from persons incurring | ||||||||||||||||||||||||
| 19 | municipal or
county retailers' or service occupation tax | ||||||||||||||||||||||||
| 20 | liability for the benefit of
any municipality or county located | ||||||||||||||||||||||||
| 21 | wholly within the boundaries of each
participant, other than | ||||||||||||||||||||||||
| 22 | any Metro-East Transit District participant
certified pursuant | ||||||||||||||||||||||||
| 23 | to subsection (c) of this Section during the
preceding month, | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | except that the Department shall pay into the Downstate
Public | ||||||
| 2 | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||||||
| 3 | of the net revenue realized under
the State tax Acts named | ||||||
| 4 | above within any municipality or county located
wholly within | ||||||
| 5 | the boundaries of each participant, other than any Metro-East
| ||||||
| 6 | participant, for tax periods beginning on or after January 1, | ||||||
| 7 | 1990.
Net revenue realized for a month shall be the revenue
| ||||||
| 8 | collected by the State pursuant to such Acts during the | ||||||
| 9 | previous month
from persons incurring municipal or county | ||||||
| 10 | retailers' or service
occupation tax liability for the benefit | ||||||
| 11 | of any municipality or county
located wholly within the | ||||||
| 12 | boundaries of a participant, less the amount
paid out during | ||||||
| 13 | that same month as refunds or credit memoranda to
taxpayers for | ||||||
| 14 | overpayment of liability under such Acts for the benefit
of any | ||||||
| 15 | municipality or county located wholly within the boundaries of | ||||||
| 16 | a
participant. | ||||||
| 17 | Notwithstanding any provision of law to the contrary, | ||||||
| 18 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 19 | 100-23), those amounts required under this subsection (a) to be | ||||||
| 20 | transferred by the Treasurer into the Downstate Public | ||||||
| 21 | Transportation Fund from the General Revenue Fund shall be | ||||||
| 22 | directly deposited into the Downstate Public Transportation | ||||||
| 23 | Fund as the revenues are realized from the taxes indicated.
| ||||||
| 24 | (b) As soon as possible after the first day of each month, | ||||||
| 25 | beginning
July 1, 1989, upon certification of the Department of | ||||||
| 26 | Revenue, the
Comptroller shall order transferred, and the | ||||||
| |||||||
| |||||||
| 1 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
| 2 | special fund in the State Treasury which is
hereby created, to | ||||||
| 3 | be known as the Metro-East Public Transportation Fund,
an | ||||||
| 4 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
| 5 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
| 6 | Counties, except that the
Department shall pay into the | ||||||
| 7 | Metro-East Public Transportation Fund 2/32 of
80% of the net | ||||||
| 8 | revenue realized under the State tax Acts specified in
| ||||||
| 9 | subsection (a) of this Section within the boundaries of
| ||||||
| 10 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
| 11 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
| 12 | to an amount which could be raised by a tax levy at the rate of
| ||||||
| 13 | .05% on the assessed value of property within the boundaries of | ||||||
| 14 | Madison County is required annually to cause a total of 2/32
of | ||||||
| 15 | the net revenue to be deposited in the Metro-East Public | ||||||
| 16 | Transportation
Fund. Failure to raise the required local match | ||||||
| 17 | annually shall result in
only 1/32 being deposited into the | ||||||
| 18 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
| 19 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
| 20 | beginning on or after January 1, 1990.
| ||||||
| 21 | (b-5) As soon as possible after the first day of each | ||||||
| 22 | month, beginning July 1, 2005, upon certification of the | ||||||
| 23 | Department of Revenue, the Comptroller shall order | ||||||
| 24 | transferred, and the Treasurer shall transfer, from the General | ||||||
| 25 | Revenue Fund to the Downstate Public Transportation Fund, an | ||||||
| 26 | amount equal to 3/32 of 80% of the net revenue realized from | ||||||
| |||||||
| |||||||
| 1 | within the boundaries of Monroe and St. Clair Counties under | ||||||
| 2 | the State Tax Acts specified in subsection (a) of this Section | ||||||
| 3 | and provided further that, beginning July 1, 2005, the | ||||||
| 4 | provisions of subsection (b) shall no longer apply with respect | ||||||
| 5 | to such tax receipts from Monroe and St. Clair Counties.
| ||||||
| 6 | Notwithstanding any provision of law to the contrary, | ||||||
| 7 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 8 | 100-23), those amounts required under this subsection (b-5) to | ||||||
| 9 | be transferred by the Treasurer into the Downstate Public | ||||||
| 10 | Transportation Fund from the General Revenue Fund shall be | ||||||
| 11 | directly deposited into the Downstate Public Transportation | ||||||
| 12 | Fund as the revenues are realized from the taxes indicated. | ||||||
| 13 | (b-6) As soon as possible after the first day of each | ||||||
| 14 | month, beginning July 1, 2008, upon certification by the | ||||||
| 15 | Department of Revenue, the Comptroller shall order transferred | ||||||
| 16 | and the Treasurer shall transfer, from the General Revenue Fund | ||||||
| 17 | to the Downstate Public Transportation Fund, an amount equal to | ||||||
| 18 | 3/32 of 80% of the net revenue realized from within the | ||||||
| 19 | boundaries of Madison County under the State Tax Acts specified | ||||||
| 20 | in subsection (a) of this Section and provided further that, | ||||||
| 21 | beginning July 1, 2008, the provisions of subsection (b) shall | ||||||
| 22 | no longer apply with respect to such tax receipts from Madison | ||||||
| 23 | County. | ||||||
| 24 | Notwithstanding any provision of law to the contrary, | ||||||
| 25 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 26 | 100-23), those amounts required under this subsection (b-6) to | ||||||
| |||||||
| |||||||
| 1 | be transferred by the Treasurer into the Downstate Public | ||||||
| 2 | Transportation Fund from the General Revenue Fund shall be | ||||||
| 3 | directly deposited into the Downstate Public Transportation | ||||||
| 4 | Fund as the revenues are realized from the taxes indicated. | ||||||
| 5 | (b-7) Beginning July 1, 2018, notwithstanding the other | ||||||
| 6 | provisions of this Section, instead of the Comptroller making | ||||||
| 7 | monthly transfers from the General Revenue Fund to the | ||||||
| 8 | Downstate Public Transportation Fund, the Department of | ||||||
| 9 | Revenue shall deposit the designated fraction of the net | ||||||
| 10 | revenue realized from collections under the Retailers' | ||||||
| 11 | Occupation Tax Act, the Service Occupation Tax Act, the Use Tax | ||||||
| 12 | Act, and the Service Use Tax Act directly into the Downstate | ||||||
| 13 | Public Transportation Fund. | ||||||
| 14 | (c) The Department shall certify to the Department of | ||||||
| 15 | Revenue the
eligible participants under this Article and the | ||||||
| 16 | territorial boundaries
of such participants for the purposes of | ||||||
| 17 | the Department of Revenue in
subsections (a) and (b) of this | ||||||
| 18 | Section.
| ||||||
| 19 | (d) For the purposes of this Article, beginning in fiscal | ||||||
| 20 | year 2009 the General Assembly shall appropriate
an amount from | ||||||
| 21 | the Downstate Public Transportation Fund equal to the sum total | ||||||
| 22 | funds projected to be paid to the
participants pursuant to | ||||||
| 23 | Section 2-7. If the General Assembly fails to make | ||||||
| 24 | appropriations sufficient to cover the amounts projected to be | ||||||
| 25 | paid pursuant to Section 2-7, this Act shall constitute an | ||||||
| 26 | irrevocable and continuing appropriation from the Downstate | ||||||
| |||||||
| |||||||
| 1 | Public Transportation Fund of all amounts necessary for those | ||||||
| 2 | purposes. | ||||||
| 3 | (e) (Blank). | ||||||
| 4 | (f) (Blank). | ||||||
| 5 | (g) (Blank).
| ||||||
| 6 | (h) For State fiscal year 2020 only, notwithstanding any | ||||||
| 7 | provision of law to the contrary, the total amount of revenue | ||||||
| 8 | and deposits under this Section attributable to revenues | ||||||
| 9 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
| 10 | (i) Commencing with State fiscal year 2021 programs, and | ||||||
| 11 | for each fiscal year thereafter, all appropriations made under | ||||||
| 12 | the provisions of this Act are direct appropriations and shall | ||||||
| 13 | not constitute a grant program. The Department shall approve | ||||||
| 14 | programs of proposed expenditures and services submitted by | ||||||
| 15 | participants under the requirements of Sections 2-5 and 2-11. | ||||||
| 16 | (Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18; | ||||||
| 17 | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff. | ||||||
| 18 | 6-5-19.)
| ||||||
| 19 | (30 ILCS 740/2-4) (from Ch. 111 2/3, par. 664)
| ||||||
| 20 | Sec. 2-4.
The Department shall establish forms for the | ||||||
| 21 | reporting
of projected and actual operating deficits and | ||||||
| 22 | expenses and other required
information by the participants, | ||||||
| 23 | and has the power to promulgate rules and
regulations for the | ||||||
| 24 | filing of such reports within the limitations set out
in | ||||||
| 25 | Sections 2-5, 2-6 and 2-7. Each participant shall be governed | ||||||
| |||||||
| |||||||
| 1 | by the rules and regulations established under this Section, | ||||||
| 2 | but for State fiscal year 2021 programs, and for each fiscal | ||||||
| 3 | year thereafter, no such rule or regulation shall: (1) require | ||||||
| 4 | or mandate that a participant enter into an agreement or | ||||||
| 5 | contract with the Department to qualify as a participant or | ||||||
| 6 | receive funding under this Article; or (2) require or mandate | ||||||
| 7 | that a participant receive the express approval of its program | ||||||
| 8 | of proposed expenditures and services by the Department to | ||||||
| 9 | qualify as a participant or receive funding under this Article | ||||||
| 10 | after the expiration of the review period established in | ||||||
| 11 | Section 2-11.
| ||||||
| 12 | (Source: P.A. 82-783.)
| ||||||
| 13 | (30 ILCS 740/2-5) (from Ch. 111 2/3, par. 665)
| ||||||
| 14 | Sec. 2-5. Applications. | ||||||
| 15 | (a) Through State fiscal year 2020, each Each participant | ||||||
| 16 | making application for grants pursuant to this Article
shall | ||||||
| 17 | submit to the Department at the time of making such | ||||||
| 18 | application,
on forms provided by the Department: (a) an | ||||||
| 19 | estimate of projected
operating deficits and a separate | ||||||
| 20 | statement of eligible
operating
expenses and an estimate of all | ||||||
| 21 | projected operating income or revenues;
and (b) a program of | ||||||
| 22 | proposed expenditures; all such submittals to be
for the period | ||||||
| 23 | of such grant. The program of proposed expenditures shall
be | ||||||
| 24 | directly related to the operation, maintenance or improvement | ||||||
| 25 | of an
existing system of public transportation serving the | ||||||
| |||||||
| |||||||
| 1 | residents of the
participant, and shall include the proposed | ||||||
| 2 | expenditures for eligible
operating expenses.
| ||||||
| 3 | For Fiscal Year 1980 grant applications shall be submitted | ||||||
| 4 | to the Department
within 60 days of the effective date of this | ||||||
| 5 | amendatory Act of 1979. Beginning
with Fiscal Year 1981 and | ||||||
| 6 | thereafter, grant applications shall be submitted
to the | ||||||
| 7 | Department by April 1 of the preceding fiscal year. | ||||||
| 8 | (b) For Fiscal Year 2021 applications for funding, and for | ||||||
| 9 | each fiscal year thereafter, each participant shall submit to | ||||||
| 10 | the Department by April 1 of the preceding fiscal year, a | ||||||
| 11 | program of proposed expenditures and services on forms provided | ||||||
| 12 | by the Department, consisting of the following information: (1) | ||||||
| 13 | an estimate of projected operating deficits and a separate | ||||||
| 14 | statement of eligible operating expenses and an estimate of all | ||||||
| 15 | projected operating income or revenues; and (2) a program of | ||||||
| 16 | proposed expenditures and services; all such submittals to be | ||||||
| 17 | for the period of such transportation project. The program of | ||||||
| 18 | proposed expenditures and services shall be directly related to | ||||||
| 19 | the operation, maintenance, or improvement of an existing | ||||||
| 20 | system of public transportation serving the residents of the | ||||||
| 21 | participant, and shall include the proposed expenditures and | ||||||
| 22 | services for eligible operating expenses.
| ||||||
| 23 | (Source: P.A. 82-783.)
| ||||||
| 24 | (30 ILCS 740/2-5.1) | ||||||
| 25 | Sec. 2-5.1. Additional requirements. | ||||||
| |||||||
| |||||||
| 1 | (a) Through State fiscal year 2020, any Any unit of local | ||||||
| 2 | government that becomes a participant on or after the effective | ||||||
| 3 | date of this amendatory Act of the 94th General Assembly shall, | ||||||
| 4 | in addition to any other requirements under this Article, meet | ||||||
| 5 | all of the following requirements when applying for grants | ||||||
| 6 | under this Article:
| ||||||
| 7 | (1) The grant application must demonstrate the | ||||||
| 8 | participant's plan to provide general public | ||||||
| 9 | transportation with an emphasis on persons with | ||||||
| 10 | disabilities and elderly and economically disadvantaged | ||||||
| 11 | populations. | ||||||
| 12 | (2) The grant application must demonstrate the | ||||||
| 13 | participant's plan for interagency coordination that, at a | ||||||
| 14 | minimum, allows the participation of all State-funded and | ||||||
| 15 | federally-funded agencies and programs with transportation | ||||||
| 16 | needs in the proposed service area in the development of | ||||||
| 17 | the applicant's public transportation program. | ||||||
| 18 | (3) Any participant serving a nonurbanized area that is | ||||||
| 19 | not receiving Federal Section 5311 funding must meet the | ||||||
| 20 | operating and safety compliance requirements as set forth | ||||||
| 21 | in that federal program. | ||||||
| 22 | (4) The participant is required to hold public hearings | ||||||
| 23 | to allow comment on the proposed service plan in all | ||||||
| 24 | municipalities with populations of 1,500 inhabitants or | ||||||
| 25 | more within the proposed service area. | ||||||
| 26 | (a-5) Any unit of local government that becomes a | ||||||
| |||||||
| |||||||
| 1 | participant on or after the effective date of this amendatory | ||||||
| 2 | Act of the 101st General Assembly shall, in addition to any | ||||||
| 3 | other requirements under this Article, meet all of the | ||||||
| 4 | following requirements when applying for the approval of the | ||||||
| 5 | program of proposed expenditures and services under this | ||||||
| 6 | Article: | ||||||
| 7 | (1) The program of proposed expenditures and services | ||||||
| 8 | must demonstrate the participant's plan to provide general | ||||||
| 9 | public transportation with an emphasis on persons with | ||||||
| 10 | disabilities and elderly and economically disadvantaged | ||||||
| 11 | populations. | ||||||
| 12 | (2) The program of proposed expenditures and services | ||||||
| 13 | must demonstrate the participant's plan for interagency | ||||||
| 14 | coordination that, at a minimum, allows the participation | ||||||
| 15 | of all State-funded and federally-funded agencies and | ||||||
| 16 | programs with transportation needs in the proposed service | ||||||
| 17 | area in the development of the applicant's public | ||||||
| 18 | transportation program. | ||||||
| 19 | (3) Any participant serving a non-urbanized area that | ||||||
| 20 | is not receiving Federal Section 5311 Program funding must | ||||||
| 21 | meet the operating and safety compliance requirements as | ||||||
| 22 | set forth in that federal program. | ||||||
| 23 | (4) The participant is required to hold public hearings | ||||||
| 24 | to allow comment on the proposed service plan in all | ||||||
| 25 | municipalities with populations of 1,500 inhabitants or | ||||||
| 26 | more within the proposed service area. | ||||||
| |||||||
| |||||||
| 1 | (b) Service extensions by any participant after July 1, | ||||||
| 2 | 2005 by either annexation or intergovernmental agreement must | ||||||
| 3 | meet the 4 requirements of subsection (a). | ||||||
| 4 | (c) In order to receive funding, the Department shall | ||||||
| 5 | certify that the participant has met the requirements of this | ||||||
| 6 | Section no later than the beginning of the applicable fiscal | ||||||
| 7 | year. Funding priority shall be given to service extension, | ||||||
| 8 | multi-county, and multi-jurisdictional projects. | ||||||
| 9 | (d) The Department shall develop an annual application | ||||||
| 10 | process for existing or potential participants to request an | ||||||
| 11 | initial appropriation or an appropriation exceeding the | ||||||
| 12 | formula amount found in subsection (b-10) of Section 2-7 for | ||||||
| 13 | funding service in new areas in the next fiscal year. The | ||||||
| 14 | application shall include, but not be limited to, a description | ||||||
| 15 | of the new service area, proposed service in the new area, and | ||||||
| 16 | a budget for providing existing and new service. The Department | ||||||
| 17 | shall review the application for reasonableness and compliance | ||||||
| 18 | with the requirements of this Section, and, if it approves the | ||||||
| 19 | application, shall recommend to the Governor an appropriation | ||||||
| 20 | for the next fiscal year in an amount sufficient to provide 65% | ||||||
| 21 | of projected eligible operating expenses associated with a new | ||||||
| 22 | participant's service area or the portion of an existing | ||||||
| 23 | participant's service area that has been expanded by annexation | ||||||
| 24 | or intergovernmental agreement. The recommended appropriation | ||||||
| 25 | for the next fiscal year may exceed the formula amount found in | ||||||
| 26 | subsection (b-10) of Section 2-7. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
| 2 | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| ||||||
| 3 | Sec. 2-7. Quarterly reports; annual audit.
| ||||||
| 4 | (a) Any Metro-East Transit District participant shall, no
| ||||||
| 5 | later than 60 days following the end of each quarter
of any | ||||||
| 6 | fiscal year, file
with the Department on forms provided by the | ||||||
| 7 | Department for that purpose, a
report of the actual operating | ||||||
| 8 | deficit experienced during that quarter. The
Department shall, | ||||||
| 9 | upon receipt of the quarterly report, determine whether
the | ||||||
| 10 | operating deficits were incurred in conformity with
the program | ||||||
| 11 | of proposed expenditures and services approved by the | ||||||
| 12 | Department pursuant to
Section 2-11. Any Metro-East District | ||||||
| 13 | may either monthly or quarterly for
any fiscal year file a | ||||||
| 14 | request for the participant's eligible share, as
allocated in | ||||||
| 15 | accordance with Section 2-6, of the amounts transferred into | ||||||
| 16 | the
Metro-East Public Transportation Fund.
| ||||||
| 17 | (b) Each participant other than any Metro-East Transit | ||||||
| 18 | District
participant shall, 30 days before the end of each | ||||||
| 19 | quarter, file with the
Department
on forms provided by the | ||||||
| 20 | Department for such purposes a report of the projected
eligible | ||||||
| 21 | operating expenses to be incurred in the next quarter and 30 | ||||||
| 22 | days
before the third and fourth quarters of any fiscal year a | ||||||
| 23 | statement of actual
eligible operating expenses incurred in the | ||||||
| 24 | preceding quarters. Except as otherwise provided in subsection | ||||||
| 25 | (b-5), within
45 days of receipt by the Department of such | ||||||
| |||||||
| |||||||
| 1 | quarterly report, the Comptroller
shall order paid and the | ||||||
| 2 | Treasurer shall pay from the Downstate Public
Transportation | ||||||
| 3 | Fund to each participant an amount equal to one-third of
such | ||||||
| 4 | participant's eligible operating expenses; provided, however, | ||||||
| 5 | that in
Fiscal Year 1997, the amount paid to each participant | ||||||
| 6 | from the
Downstate Public Transportation Fund shall be an | ||||||
| 7 | amount equal to 47% of
such participant's eligible operating | ||||||
| 8 | expenses and shall be increased to 49%
in Fiscal Year 1998, 51% | ||||||
| 9 | in Fiscal Year 1999, 53% in Fiscal Year 2000, 55%
in Fiscal | ||||||
| 10 | Years
2001 through 2007, and 65% in Fiscal Year 2008 and | ||||||
| 11 | thereafter; however, in any year that a participant
receives | ||||||
| 12 | funding under subsection (i) of Section 2705-305 of the | ||||||
| 13 | Department of
Transportation Law (20 ILCS 2705/2705-305), that | ||||||
| 14 | participant shall be eligible
only for assistance equal to the | ||||||
| 15 | following percentage of its eligible operating
expenses: 42% in | ||||||
| 16 | Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
| ||||||
| 17 | 1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and | ||||||
| 18 | thereafter. Any
such payment for the third and fourth quarters | ||||||
| 19 | of any fiscal year shall be
adjusted to reflect
actual eligible | ||||||
| 20 | operating expenses for preceding quarters of such fiscal
year. | ||||||
| 21 | However, no participant shall receive an amount less than that | ||||||
| 22 | which
was received in the immediate prior year, provided in the | ||||||
| 23 | event of a
shortfall in the fund those participants receiving | ||||||
| 24 | less than their full
allocation pursuant to Section 2-6 of this | ||||||
| 25 | Article shall be the first
participants to receive an amount | ||||||
| 26 | not less than that received in the
immediate prior year.
| ||||||
| |||||||
| |||||||
| 1 | (b-5) (Blank.)
| ||||||
| 2 | (b-10) On July 1, 2008, each participant shall receive an | ||||||
| 3 | appropriation in an amount equal to 65% of its fiscal year 2008 | ||||||
| 4 | eligible operating expenses adjusted by the annual 10% increase | ||||||
| 5 | required by Section 2-2.04 of this Act. In no case shall any | ||||||
| 6 | participant receive an appropriation that is less than its | ||||||
| 7 | fiscal year 2008 appropriation. Every fiscal year thereafter, | ||||||
| 8 | each participant's appropriation shall increase by 10% over the | ||||||
| 9 | appropriation established for the preceding fiscal year as | ||||||
| 10 | required by Section 2-2.04 of this Act.
| ||||||
| 11 | (b-15) Beginning on July 1, 2007, and for each fiscal year | ||||||
| 12 | thereafter, each participant shall maintain a minimum local | ||||||
| 13 | share contribution (from farebox and all other local revenues) | ||||||
| 14 | equal to the actual amount provided in Fiscal Year 2006 or, for | ||||||
| 15 | new recipients, an amount equivalent to the local share | ||||||
| 16 | provided in the first year of participation.
The local share | ||||||
| 17 | contribution shall be reduced by an amount equal to the total | ||||||
| 18 | amount of lost revenue for services provided under Section | ||||||
| 19 | 2-15.2 and Section 2-15.3 of this Act. | ||||||
| 20 | (b-20) Any participant in the Downstate Public | ||||||
| 21 | Transportation Fund may use State operating assistance funding | ||||||
| 22 | pursuant to this Section to provide transportation services | ||||||
| 23 | within any county that is contiguous to its territorial | ||||||
| 24 | boundaries as defined by the Department and subject to | ||||||
| 25 | Departmental approval. Any such contiguous-area service | ||||||
| 26 | provided by a participant after July 1, 2007 must meet the | ||||||
| |||||||
| |||||||
| 1 | requirements of subsection (a) of Section 2-5.1.
| ||||||
| 2 | (c) No later than 180 days following the last day of the | ||||||
| 3 | Fiscal Year each
participant shall provide the Department with | ||||||
| 4 | an audit prepared by a Certified
Public Accountant covering | ||||||
| 5 | that Fiscal Year. For those participants other than a | ||||||
| 6 | Metro-East Transit
District, any discrepancy between the funds | ||||||
| 7 | grants paid and the
percentage of the eligible operating | ||||||
| 8 | expenses provided for by paragraph
(b) of this Section shall be | ||||||
| 9 | reconciled by appropriate payment or credit.
In the case of any | ||||||
| 10 | Metro-East Transit District, any amount of payments from
the | ||||||
| 11 | Metro-East Public Transportation Fund which exceed the | ||||||
| 12 | eligible deficit
of the participant shall be reconciled by | ||||||
| 13 | appropriate payment or credit.
| ||||||
| 14 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; | ||||||
| 15 | 95-906, eff. 8-26-08.)
| ||||||
| 16 | (30 ILCS 740/2-9) (from Ch. 111 2/3, par. 669)
| ||||||
| 17 | Sec. 2-9.
Each program of proposed expenditures and | ||||||
| 18 | services shall, in the case of a system
of public | ||||||
| 19 | transportation owned and operated by a participant, undertake
| ||||||
| 20 | to meet operating deficits directly. The purchase of service | ||||||
| 21 | agreements with a provider of public transportation services | ||||||
| 22 | shall constitute an eligible expense Grants to a participant | ||||||
| 23 | may be made
for services provided through purchase of service | ||||||
| 24 | agreements with a provider of public
transportation services.
| ||||||
| 25 | (Source: P.A. 82-783.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
| ||||||
| 2 | Sec. 2-10. Cooperative projects. Nothing in this Act shall | ||||||
| 3 | prohibit any participant from including in a
program of | ||||||
| 4 | proposed expenditures and services funding for a portion of a | ||||||
| 5 | cooperative
public transportation project or purpose, the | ||||||
| 6 | total cost of which is shared
among one or more other | ||||||
| 7 | participants or other financial contributors, as
long as the | ||||||
| 8 | residents of the participant are served by any such project or
| ||||||
| 9 | purpose.
| ||||||
| 10 | (Source: P.A. 82-783.)
| ||||||
| 11 | (30 ILCS 740/2-11) (from Ch. 111 2/3, par. 671)
| ||||||
| 12 | Sec. 2-11.
The Department shall
review and approve or | ||||||
| 13 | disapprove within 45 days of receipt each program
of proposed | ||||||
| 14 | expenditures and services submitted by any participant | ||||||
| 15 | pursuant to the
provisions of Section 2-5. Any program of | ||||||
| 16 | proposed expenditures and services submitted by a participant | ||||||
| 17 | that is not expressly approved or disapproved by the Department | ||||||
| 18 | within 45 days after receipt shall be deemed approved, and the | ||||||
| 19 | Department shall obligate the appropriation for the funding | ||||||
| 20 | thereof with and to the Comptroller no later than the | ||||||
| 21 | commencement of the applicable State fiscal year. The | ||||||
| 22 | Department may disapprove a
program of proposed expenditures | ||||||
| 23 | and services or portions thereof only for the
following | ||||||
| 24 | reasons:
| ||||||
| |||||||
| |||||||
| 1 | (a) A finding that expenditures are proposed for projects | ||||||
| 2 | or
purposes which are not in compliance with Section 2-5; or
| ||||||
| 3 | (b) A finding that expenditures are proposed for projects | ||||||
| 4 | or
purposes which are in conflict with established | ||||||
| 5 | comprehensive
transportation plans for a participant or a | ||||||
| 6 | region of which it is a
part; or
| ||||||
| 7 | (c) In Fiscal Year 1980, with regard to the participants | ||||||
| 8 | which have not
received State operating assistance prior to the | ||||||
| 9 | effective date of this
amendatory Act of 1979, a finding by the | ||||||
| 10 | Department that a
proposed program submitted by such | ||||||
| 11 | participant or any portion thereof is
not in the public | ||||||
| 12 | interest in that levels or kinds of service proposed exceeds
| ||||||
| 13 | the reasonable needs of the community served by such | ||||||
| 14 | participant as demonstrated
in the transportation development | ||||||
| 15 | plan for such community or other studies
and information | ||||||
| 16 | available to the Department.
| ||||||
| 17 | (Source: P.A. 82-783.)
| ||||||
| 18 | (30 ILCS 740/2-12) (from Ch. 111 2/3, par. 672)
| ||||||
| 19 | Sec. 2-12. Disapproval of program. Upon disapproval of any | ||||||
| 20 | program of proposed expenditures and services, the Department
| ||||||
| 21 | shall so notify the chief official of the participant having | ||||||
| 22 | submitted such
program, setting forth in detail the reasons for | ||||||
| 23 | such disapproval.
Thereupon, any such participant shall have 45 | ||||||
| 24 | days from the date of receipt
of such notice of disapproval by | ||||||
| 25 | the Department to submit to the Department
one or more amended | ||||||
| |||||||
| |||||||
| 1 | programs of proposed expenditures and services.
| ||||||
| 2 | (Source: P.A. 82-783.)
| ||||||
| 3 | (30 ILCS 740/2-13) (from Ch. 111 2/3, par. 673)
| ||||||
| 4 | Sec. 2-13.
Review
of amended programs.
The Department shall | ||||||
| 5 | review each amended program of proposed
expenditures and | ||||||
| 6 | services submitted to it pursuant to the provisions of Section | ||||||
| 7 | 2-12 and
may disapprove any such amended program of proposed | ||||||
| 8 | expenditures and services only for
the reasons and in the same | ||||||
| 9 | fashion set forth in Section 2-11.
| ||||||
| 10 | (Source: P.A. 82-783.)
| ||||||
| 11 | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| ||||||
| 12 | Sec. 2-14. Grants. | ||||||
| 13 | (a) Upon a determination by the Department that any initial | ||||||
| 14 | or amended
program of proposed expenditures is in compliance | ||||||
| 15 | with the provisions of
this Act, and upon approval thereof, the | ||||||
| 16 | Department shall enter into one or
more grant agreements with | ||||||
| 17 | and shall make grants to that participant as
necessary to | ||||||
| 18 | implement the adopted program of expenditures.
| ||||||
| 19 | (b) All grants by the Department pursuant to this Act shall | ||||||
| 20 | be
administered upon such conditions as the Secretary of | ||||||
| 21 | Transportation shall
determine, consistent with the provisions | ||||||
| 22 | and purpose of this Act. | ||||||
| 23 | (c) The provisions of this Section shall not apply to, or | ||||||
| 24 | be of force or effect for, any program of proposed expenditures | ||||||
| |||||||
| |||||||
| 1 | and services, or the funding therefor, for State fiscal year | ||||||
| 2 | 2021 and each fiscal year thereafter.
| ||||||
| 3 | (Source: P.A. 82-783.)
| ||||||
| 4 | (30 ILCS 740/2-15.2) | ||||||
| 5 | Sec. 2-15.2. Free services; eligibility. | ||||||
| 6 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 7 | 60 days following the effective date of this amendatory Act of | ||||||
| 8 | the 95th General Assembly and until subsection (b) is | ||||||
| 9 | implemented, any fixed route public transportation services | ||||||
| 10 | provided by, or under grant or purchase of service contracts | ||||||
| 11 | of, every participant, as defined in Section 2-2.02 (1)(a), | ||||||
| 12 | shall be provided without charge to all senior citizen | ||||||
| 13 | residents of the participant aged 65 and older, under such | ||||||
| 14 | conditions as shall be prescribed by the participant. | ||||||
| 15 | (b) Notwithstanding any law to the contrary, no later than | ||||||
| 16 | 180 days following the effective date of this amendatory Act of | ||||||
| 17 | the 96th General Assembly, but only through State fiscal year | ||||||
| 18 | 2020, any fixed route public transportation services provided | ||||||
| 19 | by, or under grant or purchase of service contracts of, every | ||||||
| 20 | participant, as defined in Section 2-2.02 (1)(a), shall be | ||||||
| 21 | provided without charge to senior citizens aged 65 and older | ||||||
| 22 | who meet the income eligibility limitation set forth in | ||||||
| 23 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
| 24 | Persons with Disabilities Property Tax Relief Act, under such | ||||||
| 25 | conditions as shall be prescribed by the participant. The | ||||||
| |||||||
| |||||||
| 1 | Department on Aging shall furnish all information reasonably | ||||||
| 2 | necessary to determine eligibility, including updated lists of | ||||||
| 3 | individuals who are eligible for services without charge under | ||||||
| 4 | this Section. Nothing in this Section shall relieve the | ||||||
| 5 | participant from providing reduced fares as may be required by | ||||||
| 6 | federal law. | ||||||
| 7 | (c) Notwithstanding any law to the contrary, commencing | ||||||
| 8 | with State fiscal year 2021 programs, any fixed route public | ||||||
| 9 | transportation services provided by, or State funded or | ||||||
| 10 | purchase of service contract of, every participant, as defined | ||||||
| 11 | in item (a) of paragraph (1) of Section 2-2.02, shall be | ||||||
| 12 | provided without charge to senior citizens aged 65 and older | ||||||
| 13 | who meet the income eligibility limitation set forth in | ||||||
| 14 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
| 15 | Persons with Disabilities Property Tax Relief Act, under | ||||||
| 16 | conditions as shall be prescribed by the participant. The | ||||||
| 17 | Department on Aging shall furnish all information reasonably | ||||||
| 18 | necessary to determine eligibility, including updated lists of | ||||||
| 19 | individuals who are eligible for services without charge under | ||||||
| 20 | this Section. Nothing in this Section shall relieve the | ||||||
| 21 | participant from providing reduced fares as may be required by | ||||||
| 22 | federal law.
| ||||||
| 23 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
| 24 | (30 ILCS 740/2-15.3)
| ||||||
| 25 | Sec. 2-15.3. Transit services for individuals with | ||||||
| |||||||
| |||||||
| 1 | disabilities. | ||||||
| 2 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 3 | 60 days following the effective date of this amendatory Act of | ||||||
| 4 | the 95th General Assembly, but only through State fiscal year | ||||||
| 5 | 2020, all fixed route public transportation services provided | ||||||
| 6 | by, or under grant or purchase of service contract of, any | ||||||
| 7 | participant shall be provided without charge to all persons | ||||||
| 8 | with disabilities who meet the income eligibility limitation | ||||||
| 9 | set forth in subsection (a-5) of Section 4 of the Senior | ||||||
| 10 | Citizens and Persons with Disabilities Property Tax Relief Act, | ||||||
| 11 | under such procedures as shall be prescribed by the | ||||||
| 12 | participant. The Department on Aging shall furnish all | ||||||
| 13 | information reasonably necessary to determine eligibility, | ||||||
| 14 | including updated lists of individuals who are eligible for | ||||||
| 15 | services without charge under this Section. | ||||||
| 16 | (b) Notwithstanding any law to the contrary, commencing | ||||||
| 17 | with State fiscal year 2021 programs, all fixed route public | ||||||
| 18 | transportation services provided by, or services provided | ||||||
| 19 | under a State-funded or purchase of service contract of, any | ||||||
| 20 | participant shall be provided without charge to all persons | ||||||
| 21 | with disabilities who meet the income eligibility limitation | ||||||
| 22 | set forth in subsection (a-5) of Section 4 of the Senior | ||||||
| 23 | Citizens and Persons with Disabilities Property Tax Relief Act, | ||||||
| 24 | under procedures as shall be prescribed by the participant. The | ||||||
| 25 | Department on Aging shall furnish all information reasonably | ||||||
| 26 | necessary to determine eligibility, including updated lists of | ||||||
| |||||||
| |||||||
| 1 | individuals who are eligible for services without charge under | ||||||
| 2 | this Section.
| ||||||
| 3 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
| 4 | (30 ILCS 740/2-17) (from Ch. 111 2/3, par. 678)
| ||||||
| 5 | Sec. 2-17.
County authorization to provide public
| ||||||
| 6 | transportation and to receive funds from appropriations to | ||||||
| 7 | apply for funding grants in connection therewith.
(a) Any | ||||||
| 8 | county or counties may, by ordinance, operate or otherwise
| ||||||
| 9 | provide for public transportation within such county or | ||||||
| 10 | counties. In order
to so provide for such public | ||||||
| 11 | transportation, any county or counties may
enter into | ||||||
| 12 | agreements with any individual, corporation or other person or
| ||||||
| 13 | private or public entity to operate or otherwise assist in the | ||||||
| 14 | provision of
such public transportation services. Upon the | ||||||
| 15 | execution of an agreement for
the operation of such public | ||||||
| 16 | transportation, the operator shall file 3
copies of such | ||||||
| 17 | agreement certified by the clerk of the county executing the
| ||||||
| 18 | same with the Illinois Commerce Commission. Thereafter the | ||||||
| 19 | Illinois
Commerce Commission shall enter an order directing | ||||||
| 20 | compliance by the
operator with the provisions of Sections 55a | ||||||
| 21 | and 55b of "An Act concerning
public utilities", approved June | ||||||
| 22 | 28, 1921, as amended.
| ||||||
| 23 | (b) Any county may apply for, accept and expend moneys | ||||||
| 24 | grants, loans or other
funds from the State of Illinois or any | ||||||
| 25 | department or agency thereof, from
any unit of local | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | government, from the federal government or any department
or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | agency thereof, or from any other person or entity, for use in
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | connection with any public transportation provided pursuant to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | this Section.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | (Source: P.A. 82-783.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | becoming law.
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