Illinois General Assembly - Full Text of HB4990
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Full Text of HB4990  102nd General Assembly




HB4990 EnrolledLRB102 23512 RJF 32692 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Downstate Public Transportation Act is
5amended by changing Section 2-7 as follows:
6    (30 ILCS 740/2-7)  (from Ch. 111 2/3, par. 667)
7    Sec. 2-7. Quarterly reports; annual audit.
8    (a) Any Metro-East Transit District participant shall, no
9later than 60 days following the end of each quarter of any
10fiscal year, file with the Department on forms provided by the
11Department for that purpose, a report of the actual operating
12deficit experienced during that quarter. The Department shall,
13upon receipt of the quarterly report, determine whether the
14operating deficits were incurred in conformity with the
15program of proposed expenditures and services approved by the
16Department pursuant to Section 2-11. Any Metro-East District
17may either monthly or quarterly for any fiscal year file a
18request for the participant's eligible share, as allocated in
19accordance with Section 2-6, of the amounts transferred into
20the Metro-East Public Transportation Fund.
21    (b) Each participant other than any Metro-East Transit
22District participant shall, 30 days before the end of each
23quarter, file with the Department on forms provided by the



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1Department for such purposes a report of the projected
2eligible operating expenses to be incurred in the next quarter
3and 30 days before the third and fourth quarters of any fiscal
4year a statement of actual eligible operating expenses
5incurred in the preceding quarters. Except as otherwise
6provided in subsection (b-5), within 45 days of receipt by the
7Department of such quarterly report, the Comptroller shall
8order paid and the Treasurer shall pay from the Downstate
9Public Transportation Fund to each participant an amount equal
10to one-third of such participant's eligible operating
11expenses; provided, however, that in Fiscal Year 1997, the
12amount paid to each participant from the Downstate Public
13Transportation Fund shall be an amount equal to 47% of such
14participant's eligible operating expenses and shall be
15increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,
1653% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,
17and 65% in Fiscal Year 2008 and thereafter; however, in any
18year that a participant receives funding under subsection (i)
19of Section 2705-305 of the Department of Transportation Law
20(20 ILCS 2705/2705-305), that participant shall be eligible
21only for assistance equal to the following percentage of its
22eligible operating expenses: 42% in Fiscal Year 1997, 44% in
23Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year
242000, and 50% in Fiscal Year 2001 and thereafter. Any such
25payment for the third and fourth quarters of any fiscal year
26shall be adjusted to reflect actual eligible operating



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1expenses for preceding quarters of such fiscal year. However,
2no participant shall receive an amount less than that which
3was received in the immediate prior year, provided in the
4event of a shortfall in the fund those participants receiving
5less than their full allocation pursuant to Section 2-6 of
6this Article shall be the first participants to receive an
7amount not less than that received in the immediate prior
9    (b-5) (Blank.)
10    (b-10) On July 1, 2008, each participant shall receive an
11appropriation in an amount equal to 65% of its fiscal year 2008
12eligible operating expenses adjusted by the annual 10%
13increase required by Section 2-2.04 of this Act. In no case
14shall any participant receive an appropriation that is less
15than its fiscal year 2008 appropriation. Every fiscal year
16thereafter, each participant's appropriation shall increase by
1710% over the appropriation established for the preceding
18fiscal year as required by Section 2-2.04 of this Act.
19    (b-15) Beginning on July 1, 2007, and for each fiscal year
20thereafter, each participant shall maintain a minimum local
21share contribution (from farebox and all other local revenues)
22equal to the actual amount provided in Fiscal Year 2006 or, for
23new recipients, an amount equivalent to the local share
24provided in the first year of participation. The local share
25contribution shall be reduced by an amount equal to the total
26amount of lost revenue for services provided under Section



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12-15.2 and Section 2-15.3 of this Act.
2    (b-20) Any participant in the Downstate Public
3Transportation Fund may use State operating assistance funding
4pursuant to this Section to provide transportation services
5within any county that is contiguous to its territorial
6boundaries as defined by the Department and subject to
7Departmental approval. Any such contiguous-area service
8provided by a participant after July 1, 2007 must meet the
9requirements of subsection (a) of Section 2-5.1.
10    (c) No later than 180 days following the last day of the
11participant's Fiscal Year each participant shall provide the
12Department with an audit prepared by a Certified Public
13Accountant covering that Fiscal Year. For those participants
14other than a Metro-East Transit District, any discrepancy
15between the funds paid and the percentage of the eligible
16operating expenses provided for by paragraph (b) of this
17Section shall be reconciled by appropriate payment or credit.
18In the case of any Metro-East Transit District, any amount of
19payments from the Metro-East Public Transportation Fund which
20exceed the eligible deficit of the participant shall be
21reconciled by appropriate payment or credit.
22    (d) Upon the Department's final reconciliation
23determination that identifies a discrepancy between the
24Downstate Operating Assistance Program funds paid and the
25percentage of the eligible operating expenses which results in
26a reimbursement payment due to the Department, the participant



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1shall remit the reimbursement payment to the Department no
2later than 90 days after written notification.
3    (e) Funds received by the Department from participants for
4reimbursement as a result of an over payment from a prior State
5fiscal year shall be deposited into the Downstate Public
6Transportation Fund in the fiscal year in which they are
7received and all unspent funds shall roll to following fiscal
9    (f) Upon the Department's final reconciliation
10determination that identifies a discrepancy between the
11Downstate Operating Assistance Program funds paid and the
12percentage of the eligible operating expenses which results in
13a reimbursement payment due to the participant, the Department
14shall remit the reimbursement payment to the participant no
15later than 90 days after written notifications.
16(Source: P.A. 102-626, eff. 8-27-21.)