Full Text of HB2222 94th General Assembly
HB2222eng 94TH GENERAL ASSEMBLY
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HB2222 Engrossed |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| 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, 2-2.04, 2-2.05, 2-3, 2-6, | 6 |
| and 2-7 and adding Section 2-5.1 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, a county, or a | 10 |
| local mass transit district organized under the Local Mass | 11 |
| Transit
District Act (a) serving an urbanized area of over | 12 |
| 50,000 population or
on
December 28, 1989, (b) receiving State | 13 |
| mass transportation operating assistance
pursuant to the | 14 |
| Downstate Public Transportation Act during Fiscal Year 1979, or
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| (c) serving a nonurbanized area and receiving federal rural | 16 |
| public
transportation assistance on or before
June 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 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
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| Sec. 2-2.04. "Eligible operating expenses" means all | 27 |
| expenses required
for public transportation, including | 28 |
| employee wages and benefits,
materials, fuels, supplies, | 29 |
| rental of facilities, taxes other than income
taxes, payment | 30 |
| made for debt service (including principal and interest) on
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| publicly owned equipment or facilities, and any other |
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| expenditure which is
an operating expense according to standard | 2 |
| accounting practices for the
providing of public | 3 |
| transportation. Eligible operating expenses shall not
include | 4 |
| allowances: (a) for depreciation whether funded or unfunded; | 5 |
| (b)
for amortization of any intangible costs; (c) for debt | 6 |
| service on capital
acquired with the assistance of capital | 7 |
| grant funds provided by the State
of Illinois; (d) for profits | 8 |
| or return on investment; (e) for excessive
payment to | 9 |
| associated entities; (f) for Comprehensive Employment Training
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| Act expenses; (g) for costs reimbursed under Sections 6 and 8 | 11 |
| of the "Urban
Mass Transportation Act of 1964", as amended; (h) | 12 |
| for entertainment
expenses; (i) for charter expenses; (j) for | 13 |
| fines and penalties; (k) for
charitable donations; (l) for | 14 |
| interest expense on long term borrowing and
debt retirement | 15 |
| other than on publicly owned equipment or facilities; (m)
for | 16 |
| income taxes; or (n) for such other expenses as the Department | 17 |
| may
determine consistent with federal Department of | 18 |
| Transportation regulations
or requirements.
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| With respect to participants other than any Metro-East | 20 |
| Transit District
participant and those receiving federal | 21 |
| research development and demonstration
funds pursuant to | 22 |
| Section 6 of the "Urban Mass Transportation Act of 1964",
as | 23 |
| amended, during the fiscal year ending June 30, 1979, the | 24 |
| maximum eligible
operating expenses for any such participant in | 25 |
| any fiscal year after Fiscal
Year 1980 shall be the amount | 26 |
| appropriated for such participant for the
fiscal year ending | 27 |
| June 30, 1980, plus in each year a 10% increase over
the | 28 |
| maximum established for the preceding fiscal year. For Fiscal | 29 |
| Year
1980 the maximum eligible operating expenses for any such | 30 |
| participant shall
be the amount of projected operating expenses | 31 |
| upon which the appropriation
for such participant for Fiscal | 32 |
| Year 1980 is based.
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| With respect to participants receiving federal research | 34 |
| development and
demonstration operating assistance funds for | 35 |
| operating assistance pursuant
to Section 6 of the "Urban Mass | 36 |
| Transportation Act of 1964", as amended,
during the fiscal year |
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| ending June 30, 1979, the maximum eligible operating
expenses | 2 |
| for any such participant in any fiscal year after Fiscal Year | 3 |
| 1980
shall not exceed such participant's eligible operating | 4 |
| expenses for the
fiscal year ending June 30, 1980, plus in each | 5 |
| year a 10% increase over
the maximum established for the | 6 |
| preceding fiscal year. For Fiscal Year
1980, the maximum | 7 |
| eligible operating expenses for any such participant shall
be | 8 |
| the eligible operating expenses incurred during such fiscal | 9 |
| year, or
projected operating expenses upon which the | 10 |
| appropriation for such participant
for the Fiscal Year 1980 is | 11 |
| based; whichever is less.
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| With respect to all participants other than any Metro-East | 13 |
| Transit
District participant, the maximum eligible operating | 14 |
| expenses for any such
participant in any fiscal year after | 15 |
| Fiscal Year 1985 shall be the amount
appropriated for such | 16 |
| participant for the fiscal year ending June 30, 1985,
plus in | 17 |
| each year a 10% increase over the maximum established for the | 18 |
| preceding
year. For Fiscal Year 1985, the maximum eligible | 19 |
| operating expenses for
any such participant shall be the amount | 20 |
| of projected operating expenses
upon which the appropriation | 21 |
| for such participant for Fiscal Year 1985 is
based.
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| With respect to any mass transit district participant that | 23 |
| has increased
its district boundaries by annexing counties | 24 |
| since 1998 and is maintaining a
level of local financial | 25 |
| support, including all income and revenues, equal to
or greater | 26 |
| than the level in the State fiscal year ending June 30, 2001, | 27 |
| the
maximum eligible operating expenses for any State fiscal | 28 |
| year after 2002 (except State fiscal year 2006) shall
be the | 29 |
| amount appropriated for that participant for the State fiscal | 30 |
| year
ending June 30, 2002, plus, in each State fiscal year, a | 31 |
| 10% increase over the
preceding State fiscal year. For State | 32 |
| fiscal year 2002, the maximum eligible
operating expenses for | 33 |
| any such participant shall be the amount of projected
operating | 34 |
| expenses upon which the appropriation for that participant for | 35 |
| State
fiscal year 2002 is based. For that participant, eligible | 36 |
| operating expenses
for State fiscal year 2002 in excess of the |
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| eligible operating expenses for the
State fiscal year ending | 2 |
| June 30, 2001, plus 10%, must be attributed to the
provision of | 3 |
| services in the newly annexed counties.
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| With respect to a participant that receives an initial | 5 |
| appropriation in State
fiscal year 2002 or thereafter , the | 6 |
| maximum eligible operating expenses for any State fiscal
year | 7 |
| after 2003 (except State fiscal year 2006) shall be the amount | 8 |
| appropriated for that participant for the
State fiscal year in | 9 |
| which it received its initial appropriation
ending June 30, | 10 |
| 2003 , plus, in each year, a 10% increase over
the preceding | 11 |
| year. For the initial State fiscal year in which a participant | 12 |
| received an appropriation
2003 , the maximum eligible operating
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| expenses for any such participant shall be the amount of | 14 |
| projected operating
expenses upon which the appropriation for | 15 |
| that participant for that State fiscal
year 2003 is based.
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| With respect to the District serving primarily the counties | 17 |
| of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | 18 |
| County Transit District shall no longer be included for new | 19 |
| appropriation funding purposes as part of the Metro-East Public | 20 |
| Transportation Fund and instead shall be included for new | 21 |
| appropriation funding purposes as part of the Downstate Public | 22 |
| Transportation Fund; provided, however, that nothing herein | 23 |
| shall alter the eligibility of that District for previously | 24 |
| appropriated funds to which it would otherwise be entitled.
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| (Source: P.A. 92-258, eff. 8-7-01; 92-464, eff. 8-22-01; | 26 |
| 92-651, eff.
7-11-02.)
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| (30 ILCS 740/2-2.05) (from Ch. 111 2/3, par. 662.05)
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| Sec. 2-2.05. "Public Transportation" means the | 29 |
| transportation or conveyance of
persons by means available to | 30 |
| the general public including groups of the
general public with | 31 |
| special needs
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| (1) within the urbanized area or
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| (2) in the nonurbanized areas within the service area of | 34 |
| each participant
as approved by the Department, except for | 35 |
| transportation by automobiles not used for
conveyance of the |
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| general public as passengers.
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| Service in a participant's service area may be provided by | 3 |
| either (i) another eligible participant through an | 4 |
| intergovernmental agreement, (ii) a private for-profit | 5 |
| operator through a third party contract, or (iii) a private | 6 |
| non-profit operator through a pass through agreement or third | 7 |
| party contract.
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| (Source: P.A. 82-783.)
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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 | 11 |
| each month,
beginning July 1, 1984, upon certification of the | 12 |
| Department of Revenue,
the Comptroller shall order | 13 |
| transferred, and the Treasurer shall
transfer, from the General | 14 |
| Revenue Fund to a special fund in the State
Treasury which is | 15 |
| hereby created, to be known as the "Downstate Public
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| Transportation Fund", an amount equal to 2/32 (beginning July | 17 |
| 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | 18 |
| Occupation Tax Act", as now or hereafter
amended, the "Service | 19 |
| Occupation Tax Act", as now or hereafter amended,
the "Use Tax | 20 |
| Act", as now or hereafter amended, and the "Service Use Tax
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| Act", as now or hereafter amended, from persons incurring | 22 |
| municipal or
county retailers' or service occupation tax | 23 |
| liability for the benefit of
any municipality or county located | 24 |
| wholly within the boundaries of each
participant other than any | 25 |
| Metro-East Transit District participant
certified pursuant to | 26 |
| subsection (c) of this Section during the
preceding month, | 27 |
| except that the Department shall pay into the Downstate
Public | 28 |
| Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | 29 |
| of the net revenue realized under
the State tax Acts named | 30 |
| above within any municipality or county located
wholly within | 31 |
| the boundaries of each participant, other than any Metro-East
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| participant, for tax periods beginning on or after January 1, | 33 |
| 1990;
provided, however, that beginning with fiscal year 1985,
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| the transfers into the Downstate Public Transportation Fund | 35 |
| during any
fiscal year shall not exceed the annual |
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| appropriation from the Downstate
Public Transportation Fund | 2 |
| for that year. The Department of Transportation
shall notify | 3 |
| the Department of Revenue and the Comptroller at the beginning
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| of each fiscal year of the amount of the annual appropriation | 5 |
| from the
Downstate Public Transportation Fund.
Net revenue | 6 |
| realized for a month shall be the revenue
collected by the | 7 |
| State pursuant to such Acts during the previous month
from | 8 |
| persons incurring municipal or county retailers' or service
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| occupation tax liability for the benefit of any municipality or | 10 |
| county
located wholly within the boundaries of a participant, | 11 |
| less the amount
paid out during that same month as refunds or | 12 |
| credit memoranda to
taxpayers for overpayment of liability | 13 |
| under such Acts for the benefit
of any municipality or county | 14 |
| located wholly within the boundaries of a
participant.
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| (b) As soon as possible after the first day of each month, | 16 |
| beginning
July 1, 1989, upon certification of the Department of | 17 |
| Revenue, the
Comptroller shall order transferred, and the | 18 |
| Treasurer shall transfer, from
the General Revenue Fund to a | 19 |
| special fund in the State Treasury which is
hereby created, to | 20 |
| be known as the "Metro-East Public Transportation Fund",
an | 21 |
| amount equal to 2/32 of the net revenue realized, as above, | 22 |
| from within
the boundaries of Madison, Monroe , and St. Clair | 23 |
| Counties, except that the
Department shall pay into the | 24 |
| Metro-East Public Transportation Fund 2/32 of
80% of the net | 25 |
| 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 | 28 |
| beginning on or
after January 1, 1990. A local match
equivalent | 29 |
| 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 | 31 |
| Madison County ,
Monroe and St. Clair Counties is required | 32 |
| annually to cause a total of 2/32
of the net revenue to be | 33 |
| deposited in the Metro-East Public Transportation
Fund. | 34 |
| Failure to raise the required local match annually shall result | 35 |
| in
only 1/32 being deposited into the Metro-East Public | 36 |
| Transportation Fund
after July 1, 1989, or 1/32 of 80% of the |
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| net revenue realized for tax
periods beginning on or after | 2 |
| January 1, 1990.
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| (b-5) As soon as possible after the first day of each | 4 |
| month, beginning July 1, 2005, upon certification of the | 5 |
| Department of Revenue, the Comptroller shall order | 6 |
| transferred, and the Treasurer shall transfer, from the General | 7 |
| Revenue Fund to the Downstate Public Transportation Fund, an | 8 |
| amount equal to 3/32 of 80% of the net revenue realized from | 9 |
| within the boundaries of Monroe and St. Clair Counties under | 10 |
| the State Tax Acts specified in subsection (a) of this Section | 11 |
| and provided further that, beginning July 1, 2005, the | 12 |
| provisions of subsection (b) shall no longer apply with respect | 13 |
| to such tax receipts from Monroe and St. Clair Counties.
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| (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.
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| (d) For the purposes of this Article the Department shall | 20 |
| include in
its annual request for appropriation of ordinary and | 21 |
| contingent expenses
an amount equal to the sum total funds | 22 |
| projected to be paid to the
participants pursuant to Section | 23 |
| 2-7.
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| (e) In addition to any other permitted use of moneys in the | 25 |
| Fund, and
notwithstanding any restriction on the use of the | 26 |
| Fund, moneys in the
Downstate Public Transportation
Fund may be | 27 |
| transferred to the General Revenue Fund as authorized by Public
| 28 |
| Act 87-14. The General Assembly finds that an excess of moneys | 29 |
| existed in
the Fund on July 30, 1991, and the Governor's order | 30 |
| of July 30, 1991,
and the Governor's order of July 30, 1991, | 31 |
| requesting the Comptroller and
Treasurer to transfer an amount | 32 |
| 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 740/2-5.1 new)
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| Sec. 2-5.1. Additional requirements. |
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| (a) Any unit of local government that becomes a participant | 2 |
| on or after the effective date of this amendatory Act of the | 3 |
| 94th General Assembly shall, in addition to any other | 4 |
| requirements under this Article, meet all of the following | 5 |
| requirements when applying for grants under this Article:
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| (1) The grant application must demonstrate the | 7 |
| participant's plan to provide general public | 8 |
| transportation with an emphasis on elderly, disabled, and | 9 |
| economically disadvantaged populations. | 10 |
| (2) The grant application must demonstrate the | 11 |
| participant's plan for interagency coordination that, at a | 12 |
| minimum, allows the participation of all State-funded and | 13 |
| federally-funded agencies and programs with transportation | 14 |
| needs in the proposed service area in the development of | 15 |
| the applicant's public transportation program. | 16 |
| (3) Any participant serving a nonurbanized area that is | 17 |
| not receiving Federal Section 5311 funding must meet the | 18 |
| operating and safety compliance requirements as set forth | 19 |
| in that federal program. | 20 |
| (4) The participant is required to hold public hearings | 21 |
| to allow comment on the proposed service plan in all | 22 |
| municipalities with populations of 1,500 inhabitants or | 23 |
| more within the proposed service area. | 24 |
| (b) Service extensions by any participant after July 1, | 25 |
| 2005 by either annexation or intergovernmental agreement must | 26 |
| meet the 4 requirements of subsection (a). | 27 |
| (c) In order to receive funding, the Department shall | 28 |
| certify that the participant has met the requirements of this | 29 |
| Section. Funding priority shall be given to service extension, | 30 |
| multi-county, and multi-jurisdictional projects.
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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 | 34 |
| Metro-East
Transit District participant, the Department shall | 35 |
| allocate the funds to be
made available to each participant |
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| under this Article for the following
fiscal year and shall | 2 |
| notify the chief official of each participant not
later than | 3 |
| the first day of the fiscal year of this amount. For Fiscal | 4 |
| Year
1975, notification shall be made not later than January 1, | 5 |
| 1975, of the
amount of such allocation. In determining the | 6 |
| allocation for each
participant, the Department shall estimate | 7 |
| the funds available to the
participant from the Downstate | 8 |
| Public Transportation Fund for the purposes
of this Article | 9 |
| during the succeeding fiscal year, and shall allocate to
each | 10 |
| participant the amount attributable to it which shall be the | 11 |
| amount
paid into the Downstate Public Transportation Fund under | 12 |
| Section 2-3 from
within its boundaries. Said allocations may be | 13 |
| exceeded for participants
receiving assistance equal to | 14 |
| one-third of their eligible
operating expenses, only if an | 15 |
| allocation is less than one-third of such
participant's | 16 |
| eligible operating expenses, provided, however, that no other
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| participant is denied its one-third of eligible operating | 18 |
| expenses. Beginning
in Fiscal Year 1997, said allocation may be | 19 |
| exceeded for
participants receiving
assistance equal to the | 20 |
| percentage of their eligible operating
expenses provided for in | 21 |
| paragraph (b) of Section 2-7, only if
allocation is less than | 22 |
| the percentage of such participant's
eligible operating | 23 |
| expenses provided for in paragraph (b) of Section 2-7,
provided | 24 |
| however, that no other participant is denied its percentage
of | 25 |
| eligible
operating expenses.
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| (b) With regard to any Metro-East Transit District | 27 |
| organized under the
Local Mass Transit District Act and serving | 28 |
| one or more of the Counties of
Madison, Monroe and St. Clair | 29 |
| during Fiscal Year 1989, the Department shall
allocate the | 30 |
| funds to be made available to each participant for the
| 31 |
| following and succeeding fiscal years and shall notify the | 32 |
| chief official
of each participant not later than the first day | 33 |
| of the fiscal year of this
amount. Beginning July 1, 2005, the
| 34 |
| The Department shall allocate 55% of the amount paid into the
| 35 |
| Metro-East Public Transportation Fund to the District serving | 36 |
| primarily the
Counties of Monroe and St. Clair and 45% of the |
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| amount to that District
serving primarily the County of | 2 |
| Madison.
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| (Source: P.A. 89-598, eff. 8-1-96.)
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| (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| 5 |
| Sec. 2-7. Quarterly reports; annual audit.
| 6 |
| (a) Any Metro-East Transit District participant shall, no
| 7 |
| later than 60 days following the end of each quarter
of any | 8 |
| fiscal year, file
with the Department on forms provided by the | 9 |
| Department for that purpose, a
report of the actual operating | 10 |
| deficit experienced during that quarter. The
Department shall, | 11 |
| upon receipt of the quarterly report, determine whether
the | 12 |
| operating deficits were incurred in conformity with
the program | 13 |
| of proposed expenditures approved by the Department pursuant to
| 14 |
| Section 2-11. Any Metro-East District may either monthly or | 15 |
| quarterly for
any fiscal year file a request for the | 16 |
| participant's eligible share, as
allocated in accordance with | 17 |
| Section 2-6, of the amounts transferred into the
Metro-East | 18 |
| Public Transportation Fund.
| 19 |
| (b) Each participant other than any Metro-East Transit | 20 |
| District
participant shall, 30 days before the end of each | 21 |
| quarter, file with the
Department
on forms provided by the | 22 |
| Department for such purposes a report of the projected
eligible | 23 |
| operating expenses to be incurred in the next quarter and 30 | 24 |
| days
before the third and fourth quarters of any fiscal year a | 25 |
| statement of actual
eligible operating expenses incurred in the | 26 |
| preceding quarters. Except as otherwise provided in subsection | 27 |
| (b-5), within
Within
45 days of receipt by the Department of | 28 |
| such quarterly report, the Comptroller
shall order paid and the | 29 |
| Treasurer shall pay from the Downstate Public
Transportation | 30 |
| Fund to each participant an amount equal to one-third of
such | 31 |
| participant's eligible operating expenses; provided, however, | 32 |
| that in
Fiscal Year 1997, the amount paid to each participant | 33 |
| from the
Downstate Public Transportation Fund shall be an | 34 |
| amount equal to 47% of
such participant's eligible operating | 35 |
| expenses and shall be increased to 49%
in Fiscal Year 1998, 51% |
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| in Fiscal Year 1999, 53% in Fiscal Year 2000, and 55%
in Fiscal | 2 |
| Year 2001 and thereafter; however, in any year that a | 3 |
| participant
receives funding under subsection (i) of Section | 4 |
| 2705-305 of the Department of
Transportation Law (20 ILCS | 5 |
| 2705/2705-305), that participant shall be eligible
only for | 6 |
| assistance equal to the following percentage of its eligible | 7 |
| operating
expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year | 8 |
| 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year 2000, and 50% | 9 |
| in Fiscal Year 2001 and thereafter. Any
such payment for the | 10 |
| third and fourth quarters of any fiscal year shall be
adjusted | 11 |
| to reflect
actual eligible operating expenses for preceding | 12 |
| quarters of such fiscal
year. However, no participant shall | 13 |
| receive an amount less than that which
was received in the | 14 |
| immediate prior year, provided in the event of a
shortfall in | 15 |
| the fund those participants receiving less than their full
| 16 |
| allocation pursuant to Section 2-6 of this Article shall be the | 17 |
| first
participants to receive an amount not less than that | 18 |
| received in the
immediate prior year.
| 19 |
| (b-5) With respect to the District serving primarily the | 20 |
| counties of Monroe and St. Clair, beginning July 1, 2005 and | 21 |
| each fiscal year thereafter, the District may, as an | 22 |
| alternative to the provisions of subsection (b) of Section 2-7, | 23 |
| file a request with the Department for a monthly payment of | 24 |
| 1/12 of the amount appropriated to the District for that fiscal | 25 |
| year; except that, for the final month of the fiscal year, the | 26 |
| District's request shall be in an amount such that the total | 27 |
| payments made to the District in that fiscal year do not exceed | 28 |
| the lesser of (i) 55% of the District's eligible operating | 29 |
| expenses for that fiscal year or (ii) the total amount | 30 |
| appropriated to the District for that fiscal year.
| 31 |
| (c) No later than 180 days following the last day of the | 32 |
| Fiscal Year each
participant shall provide the Department with | 33 |
| an audit prepared by a Certified
Public Accountant covering | 34 |
| that Fiscal Year. For those participants other than a | 35 |
| Metro-East Transit
District, any discrepancy between the | 36 |
| grants paid and the
percentage of the eligible operating |
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| expenses provided for by paragraph
(b) of this Section shall be | 2 |
| reconciled by appropriate payment or credit.
In the case of any | 3 |
| Metro-East Transit District, any amount of payments from
the | 4 |
| Metro-East Public Transportation Fund which exceed the | 5 |
| eligible deficit
of the participant shall be reconciled by | 6 |
| appropriate payment or credit.
| 7 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | 8 |
| eff. 6-28-01;
92-258, eff. 8-7-01; 92-464, eff. 8-22-01.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law. |
|