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Public Act 102-0790


 

Public Act 0790 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0790
 
HB4990 EnrolledLRB102 23512 RJF 32692 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Downstate Public Transportation Act is
amended by changing Section 2-7 as follows:
 
    (30 ILCS 740/2-7)  (from Ch. 111 2/3, par. 667)
    Sec. 2-7. Quarterly reports; annual audit.
    (a) Any Metro-East Transit District participant shall, no
later than 60 days following the end of each quarter of any
fiscal year, file with the Department on forms provided by the
Department for that purpose, a report of the actual operating
deficit experienced during that quarter. The Department shall,
upon receipt of the quarterly report, determine whether the
operating deficits were incurred in conformity with the
program of proposed expenditures and services approved by the
Department pursuant to Section 2-11. Any Metro-East District
may either monthly or quarterly for any fiscal year file a
request for the participant's eligible share, as allocated in
accordance with Section 2-6, of the amounts transferred into
the Metro-East Public Transportation Fund.
    (b) Each participant other than any Metro-East Transit
District participant shall, 30 days before the end of each
quarter, file with the Department on forms provided by the
Department for such purposes a report of the projected
eligible operating expenses to be incurred in the next quarter
and 30 days before the third and fourth quarters of any fiscal
year a statement of actual eligible operating expenses
incurred in the preceding quarters. Except as otherwise
provided in subsection (b-5), within 45 days of receipt by the
Department of such quarterly report, the Comptroller shall
order paid and the Treasurer shall pay from the Downstate
Public Transportation Fund to each participant an amount equal
to one-third of such participant's eligible operating
expenses; provided, however, that in Fiscal Year 1997, the
amount paid to each participant from the Downstate Public
Transportation Fund shall be an amount equal to 47% of such
participant's eligible operating expenses and shall be
increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,
53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,
and 65% in Fiscal Year 2008 and thereafter; however, in any
year that a participant receives funding under subsection (i)
of Section 2705-305 of the Department of Transportation Law
(20 ILCS 2705/2705-305), that participant shall be eligible
only for assistance equal to the following percentage of its
eligible operating expenses: 42% in Fiscal Year 1997, 44% in
Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year
2000, and 50% in Fiscal Year 2001 and thereafter. Any such
payment for the third and fourth quarters of any fiscal year
shall be adjusted to reflect actual eligible operating
expenses for preceding quarters of such fiscal year. However,
no participant shall receive an amount less than that which
was received in the immediate prior year, provided in the
event of a shortfall in the fund those participants receiving
less than their full allocation pursuant to Section 2-6 of
this Article shall be the first participants to receive an
amount not less than that received in the immediate prior
year.
    (b-5) (Blank.)
    (b-10) On July 1, 2008, each participant shall receive an
appropriation in an amount equal to 65% of its fiscal year 2008
eligible operating expenses adjusted by the annual 10%
increase required by Section 2-2.04 of this Act. In no case
shall any participant receive an appropriation that is less
than its fiscal year 2008 appropriation. Every fiscal year
thereafter, each participant's appropriation shall increase by
10% over the appropriation established for the preceding
fiscal year as required by Section 2-2.04 of this Act.
    (b-15) Beginning on July 1, 2007, and for each fiscal year
thereafter, each participant shall maintain a minimum local
share contribution (from farebox and all other local revenues)
equal to the actual amount provided in Fiscal Year 2006 or, for
new recipients, an amount equivalent to the local share
provided in the first year of participation. The local share
contribution shall be reduced by an amount equal to the total
amount of lost revenue for services provided under Section
2-15.2 and Section 2-15.3 of this Act.
    (b-20) Any participant in the Downstate Public
Transportation Fund may use State operating assistance funding
pursuant to this Section to provide transportation services
within any county that is contiguous to its territorial
boundaries as defined by the Department and subject to
Departmental approval. Any such contiguous-area service
provided by a participant after July 1, 2007 must meet the
requirements of subsection (a) of Section 2-5.1.
    (c) No later than 180 days following the last day of the
participant's Fiscal Year each participant shall provide the
Department with an audit prepared by a Certified Public
Accountant covering that Fiscal Year. For those participants
other than a Metro-East Transit District, any discrepancy
between the funds paid and the percentage of the eligible
operating expenses provided for by paragraph (b) of this
Section shall be reconciled by appropriate payment or credit.
In the case of any Metro-East Transit District, any amount of
payments from the Metro-East Public Transportation Fund which
exceed the eligible deficit of the participant shall be
reconciled by appropriate payment or credit.
    (d) Upon the Department's final reconciliation
determination that identifies a discrepancy between the
Downstate Operating Assistance Program funds paid and the
percentage of the eligible operating expenses which results in
a reimbursement payment due to the Department, the participant
shall remit the reimbursement payment to the Department no
later than 90 days after written notification.
    (e) Funds received by the Department from participants for
reimbursement as a result of an over payment from a prior State
fiscal year shall be deposited into the Downstate Public
Transportation Fund in the fiscal year in which they are
received and all unspent funds shall roll to following fiscal
years.
    (f) Upon the Department's final reconciliation
determination that identifies a discrepancy between the
Downstate Operating Assistance Program funds paid and the
percentage of the eligible operating expenses which results in
a reimbursement payment due to the participant, the Department
shall remit the reimbursement payment to the participant no
later than 90 days after written notifications.
(Source: P.A. 102-626, eff. 8-27-21.)

Effective Date: 1/1/2023