Full Text of HB4334 93rd General Assembly
HB4334 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4334
Introduced 02/02/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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30 ILCS 740/2-2.02 |
from Ch. 111 2/3, par. 662.02 |
30 ILCS 740/2-3 |
from Ch. 111 2/3, par. 663 |
30 ILCS 740/2-6 |
from Ch. 111 2/3, par. 666 |
30 ILCS 105/5.625 new |
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Amends the Downstate Public Transportation Act. Provides that a municipality or local mass transit district serving a nonurbanized area and receiving federal rural public transportation assistance on or before December 31, 2003 (instead of June 30, 2002) is a "participant" for public transportation assistance. Provides that if any Metro-East Transit District levies use and occupation taxes at a rate authorized by a certain provision of the Local Mass Transit District Act, then the State Treasurer shall transfer, by September 1, 2004 and each September 1 thereafter, from the General Revenue Fund to the Metro-East Public Transportation Supplemental Fund an amount equal to 50% of all of the District's use and occupation tax receipts during the previous State fiscal year. Provides that the Department of Revenue shall allocate and distribute the amounts in the Fund to the Districts in proportion to the deposits into the Fund as a result of the tax levy of that District. Amends the State Finance Act to create the Metro-East Public Transportation Supplemental Fund. Effective immediately.
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A BILL FOR
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HB4334 |
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LRB093 16268 BDD 46227 b |
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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 Downstate Public Transportation Act is | 5 |
| amended by changing Sections 2-2.02, 2-3, and 2-6 as follows:
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| (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
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| Sec. 2-2.02. "Participant" means:
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| (1) a city, village, or incorporated
town, or a local mass | 9 |
| transit district organized under the Local Mass Transit
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| District Act (a) serving an urbanized area of over 50,000 | 11 |
| population on
December 28, 1989, (b) receiving State mass | 12 |
| transportation operating assistance
pursuant to the Downstate | 13 |
| Public Transportation Act during Fiscal Year 1979, or
(c) | 14 |
| serving a nonurbanized area and receiving federal rural public
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| transportation assistance on or before December 31, 2003
June | 16 |
| 30, 2002 ; or
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| (2) any Metro-East Transit District established
pursuant | 18 |
| to Section 3 of the Local Mass Transit District Act and serving | 19 |
| one or
more of the Counties of Madison, Monroe, and St. Clair | 20 |
| during Fiscal Year 1989,
all located outside the boundaries of | 21 |
| the Regional Transportation Authority as
established pursuant | 22 |
| to the Regional Transportation Authority Act.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-258, eff. 8-7-01; | 24 |
| 92-464, eff.
8-22-01.)
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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 | 27 |
| each month,
beginning July 1, 1984, upon certification of the | 28 |
| Department of Revenue,
the Comptroller shall order | 29 |
| transferred, and the Treasurer shall
transfer, from the General | 30 |
| Revenue Fund to a special fund in the State
Treasury which is | 31 |
| hereby created, to be known as the "Downstate Public
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HB4334 |
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LRB093 16268 BDD 46227 b |
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| Transportation Fund", an amount equal to 2/32 of the net | 2 |
| revenue
realized from the "Retailers' Occupation Tax Act", as | 3 |
| now or hereafter
amended, the "Service Occupation Tax Act", as | 4 |
| now or hereafter amended,
the "Use Tax Act", as now or | 5 |
| hereafter amended, and the "Service Use Tax
Act", as now or | 6 |
| hereafter amended, from persons incurring municipal or
county | 7 |
| retailers' or service occupation tax liability for the benefit | 8 |
| of
any municipality or county located wholly within the | 9 |
| boundaries of each
participant other than any Metro-East | 10 |
| Transit District participant
certified pursuant to subsection | 11 |
| (c) of this Section during the
preceding month, except that the | 12 |
| Department shall pay into the Downstate
Public Transportation | 13 |
| Fund 2/32 of 80% of the net revenue realized under
the State | 14 |
| tax Acts named above within any municipality or county located
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| wholly within the boundaries of each participant, other than | 16 |
| any Metro-East
participant, for tax periods beginning on or | 17 |
| after January 1, 1990;
provided, however, that beginning with | 18 |
| fiscal year 1985,
the transfers into the Downstate Public | 19 |
| Transportation Fund during any
fiscal year shall not exceed the | 20 |
| annual appropriation from the Downstate
Public Transportation | 21 |
| Fund for that year. The Department of Transportation
shall | 22 |
| notify the Department of Revenue and the Comptroller at the | 23 |
| beginning
of each fiscal year of the amount of the annual | 24 |
| appropriation from the
Downstate Public Transportation Fund.
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| Net revenue realized for a month shall be the revenue
collected | 26 |
| by the State pursuant to such Acts during the previous month
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| from persons incurring municipal or county retailers' or | 28 |
| service
occupation tax liability for the benefit of any | 29 |
| municipality or county
located wholly within the boundaries of | 30 |
| a participant, less the amount
paid out during that same month | 31 |
| as refunds or credit memoranda to
taxpayers for overpayment of | 32 |
| liability under such Acts for the benefit
of any municipality | 33 |
| or county located wholly within the boundaries of a
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| participant.
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| (b) As soon as possible after the first day of each month, | 36 |
| beginning
July 1, 1989, upon certification of the Department of |
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HB4334 |
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| Revenue, the
Comptroller shall order transferred, and the | 2 |
| Treasurer shall transfer, from
the General Revenue Fund to a | 3 |
| special fund in the State Treasury which is
hereby created, to | 4 |
| be known as the "Metro-East Public Transportation Fund",
an | 5 |
| amount equal to 2/32 of the net revenue realized, as above, | 6 |
| from within
the boundaries of Madison, Monroe and St. Clair | 7 |
| Counties, except that the
Department shall pay into the | 8 |
| Metro-East Public Transportation Fund 2/32 of
80% of the net | 9 |
| 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 | 12 |
| beginning on or
after January 1, 1990. A local match
equivalent | 13 |
| to an amount which could be raised by a tax levy at the rate of
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| .05% on the assessed value of property within the boundaries of | 15 |
| Madison,
Monroe and St. Clair Counties is required annually to | 16 |
| cause a total of 2/32
of the net revenue to be deposited in the | 17 |
| Metro-East Public Transportation
Fund. Failure to raise the | 18 |
| required local match annually shall result in
only 1/32 being | 19 |
| deposited into the Metro-East Public Transportation Fund
after | 20 |
| July 1, 1989, or 1/32 of 80% of the net revenue realized for | 21 |
| tax
periods beginning on or after January 1, 1990.
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| (b-5) If any Metro-East Transit District levies use and | 23 |
| occupation taxes at a rate authorized under subsection (d-5) of | 24 |
| Section 5.01 of the Local Mass Transit District Act, then the | 25 |
| State Treasurer shall transfer, by September 1, 2004 and each | 26 |
| September 1 thereafter, from the General Revenue Fund to the | 27 |
| Metro-East Public Transportation Supplemental Fund, a special | 28 |
| fund in the State Treasury, an amount equal to 50% of all of | 29 |
| the District's use and occupation tax receipts pursuant to that | 30 |
| Section 5.01 during the previous State fiscal year.
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| (c) The Department shall certify to the Department of | 32 |
| Revenue the
eligible participants under this Article and the | 33 |
| territorial boundaries
of such participants for the purposes of | 34 |
| the Department of Revenue in
subsections (a) and (b) of this | 35 |
| Section.
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| (d) For the purposes of this Article the Department shall |
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| include in
its annual request for appropriation of ordinary and | 2 |
| contingent expenses
an amount equal to the sum total funds | 3 |
| projected to be paid to the
participants pursuant to Section | 4 |
| 2-7.
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| (e) In addition to any other permitted use of moneys in the | 6 |
| Fund, and
notwithstanding any restriction on the use of the | 7 |
| Fund, moneys in the
Downstate Public Transportation
Fund may be | 8 |
| transferred to the General Revenue Fund as authorized by Public
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| Act 87-14. The General Assembly finds that an excess of moneys | 10 |
| existed in
the Fund on July 30, 1991, and the Governor's order | 11 |
| of July 30, 1991,
and the Governor's order of July 30, 1991, | 12 |
| requesting the Comptroller and
Treasurer to transfer an amount | 13 |
| from the Fund to the General Revenue Fund
is hereby validated.
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| (Source: P.A. 86-590; 86-953; 87-838.)
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| (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
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| Sec. 2-6. Allocation of funds.
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| (a) With respect to all participants other
than any | 18 |
| Metro-East
Transit District participant, the Department shall | 19 |
| allocate the funds to be
made available to each participant | 20 |
| under this Article for the following
fiscal year and shall | 21 |
| notify the chief official of each participant not
later than | 22 |
| the first day of the fiscal year of this amount. For Fiscal | 23 |
| Year
1975, notification shall be made not later than January 1, | 24 |
| 1975, of the
amount of such allocation. In determining the | 25 |
| allocation for each
participant, the Department shall estimate | 26 |
| the funds available to the
participant from the Downstate | 27 |
| Public Transportation Fund for the purposes
of this Article | 28 |
| during the succeeding fiscal year, and shall allocate to
each | 29 |
| participant the amount attributable to it which shall be the | 30 |
| amount
paid into the Downstate Public Transportation Fund under | 31 |
| Section 2-3 from
within its boundaries. Said allocations may be | 32 |
| exceeded for participants
receiving assistance equal to | 33 |
| one-third of their eligible
operating expenses, only if an | 34 |
| allocation is less than one-third of such
participant's | 35 |
| eligible operating expenses, provided, however, that no other
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| participant is denied its one-third of eligible operating | 2 |
| expenses. Beginning
in Fiscal Year 1997, said allocation may be | 3 |
| exceeded for
participants receiving
assistance equal to the | 4 |
| percentage of their eligible operating
expenses provided for in | 5 |
| paragraph (b) of Section 2-7, only if
allocation is less than | 6 |
| the percentage of such participant's
eligible operating | 7 |
| expenses provided for in paragraph (b) of Section 2-7,
provided | 8 |
| however, that no other participant is denied its percentage
of | 9 |
| eligible
operating expenses.
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| (b) With regard to any Metro-East Transit District | 11 |
| organized under the
Local Mass Transit District Act and serving | 12 |
| one or more of the Counties of
Madison, Monroe and St. Clair | 13 |
| during Fiscal Year 1989, the Department shall
allocate the | 14 |
| funds to be made available to each participant for the
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| following and succeeding fiscal years and shall notify the | 16 |
| chief official
of each participant not later than the first day | 17 |
| of the fiscal year of this
amount. The Department shall | 18 |
| allocate 55% of the amount paid into the
Metro-East Public | 19 |
| Transportation Fund to the District serving primarily the
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| Counties of Monroe and St. Clair and 45% of the amount to that | 21 |
| District
serving primarily the County of Madison. With regard | 22 |
| to the amount in the Metro-East Public Transportation | 23 |
| Supplemental Fund, deposited in accordance with the provisions | 24 |
| of subsection (b-5) of Section 2-3, the Department shall | 25 |
| allocate and distribute those amounts to the Districts in | 26 |
| proportion to the deposits into the Fund under subsection (b-5) | 27 |
| of Section 2-3 as a result of the tax levy of that District.
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| (Source: P.A. 89-598, eff. 8-1-96.)
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| Section 905. The State Finance Act is amended by adding | 30 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Metro-East Public Transportation | 33 |
| Supplemental Fund.
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HB4334 |
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| Section 999. Effective date. This Act takes effect upon | 2 |
| becoming law.
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