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| [ Introduced ] | [ House Amendment 001 ] |
91_HB4253eng HB4253 Engrossed LRB9110370DHks 1 AN ACT to amend the Downstate Public Transportation Act 2 by changing Sections 2-2.02, 2-2.04, and 2-7. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Downstate Public Transportation Act is 6 amended by changing Sections 2-2.02, 2-2.04, and 2-7 as 7 follows: 8 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) 9 Sec. 2-2.02. "Participant" means: 10 (1) a city, village, or incorporated town, or a local 11 mass transit district organized under the Local Mass Transit 12 District Act (a) serving an urbanized area of over 50,000 13 population on December 28, 1989, (b) receiving State mass 14 transportation operating assistance pursuant to the Downstate 15 Public Transportation Act during Fiscal Year 1979, or (c) 16 serving a nonurbanized area and receiving federal rural 17 public transportation assistance during Fiscal Year 2001on18the effective date of this amendatory Act of 1993; or 19 (2) any Metro-East Transit District established pursuant 20 to Section 3 of the Local Mass Transit District Act and 21 serving one or more of the Counties of Madison, Monroe, and 22 St. Clair during Fiscal Year 1989, all located outside the 23 boundaries of the Regional Transportation Authority as 24 established pursuant to the Regional Transportation Authority 25 Act. 26 (Source: P.A. 91-357, eff. 7-29-99.) 27 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04) 28 Sec. 2-2.04. "Eligible operating expenses" means all 29 expenses required for public transportation, including 30 employee wages and benefits, materials, fuels, supplies, HB4253 Engrossed -2- LRB9110370DHks 1 rental of facilities, taxes other than income taxes, payment 2 made for debt service (including principal and interest) on 3 publicly owned equipment or facilities, and any other 4 expenditure which is an operating expense according to 5 standard accounting practices for the providing of public 6 transportation. Eligible operating expenses shall not include 7 allowances: (a) for depreciation whether funded or unfunded; 8 (b) for amortization of any intangible costs; (c) for debt 9 service on capital acquired with the assistance of capital 10 grant funds provided by the State of Illinois; (d) for 11 profits or return on investment; (e) for excessive payment to 12 associated entities; (f) for Comprehensive Employment 13 Training Act expenses; (g) for costs reimbursed under 14 Sections 6 and 8 of the "Urban Mass Transportation Act of 15 1964", as amended; (h) for entertainment expenses; (i) for 16 charter expenses; (j) for fines and penalties; (k) for 17 charitable donations; (l) for interest expense on long term 18 borrowing and debt retirement other than on publicly owned 19 equipment or facilities; (m) for income taxes; or (n) for 20 such other expenses as the Department may determine 21 consistent with federal Department of Transportation 22 regulations or requirements. 23 With respect to participants other than any Metro-East 24 Transit District participant and those receiving federal 25 research development and demonstration funds pursuant to 26 Section 6 of the "Urban Mass Transportation Act of 1964", as 27 amended, during the fiscal year ending June 30, 1979, the 28 maximum eligible operating expenses for any such participant 29 in any fiscal year after Fiscal Year 1980 shall be the amount 30 appropriated for such participant for the fiscal year ending 31 June 30, 1980, plus in each year a 10% increase over the 32 maximum established for the preceding fiscal year. For 33 Fiscal Year 1980 the maximum eligible operating expenses for 34 any such participant shall be the amount of projected HB4253 Engrossed -3- LRB9110370DHks 1 operating expenses upon which the appropriation for such 2 participant for Fiscal Year 1980 is based. 3 With respect to participants receiving federal research 4 development and demonstration operating assistance funds for 5 operating assistance pursuant to Section 6 of the "Urban Mass 6 Transportation Act of 1964", as amended, during the fiscal 7 year ending June 30, 1979, the maximum eligible operating 8 expenses for any such participant in any fiscal year after 9 Fiscal Year 1980 shall not exceed such participant's eligible 10 operating expenses for the fiscal year ending June 30, 1980, 11 plus in each year a 10% increase over the maximum established 12 for the preceding fiscal year. For Fiscal Year 1980, the 13 maximum eligible operating expenses for any such participant 14 shall be the eligible operating expenses incurred during such 15 fiscal year, or projected operating expenses upon which the 16 appropriation for such participant for the Fiscal Year 1980 17 is based; whichever is less. 18 With respect to all participants other than any 19 Metro-East Transit District participant, the maximum eligible 20 operating expenses for any such participant in any fiscal 21 year after Fiscal Year 1985 shall be the amount appropriated 22 for such participant for the fiscal year ending June 30, 23 1985, plus in each year a 10% increase over the maximum 24 established for the preceding year. For Fiscal Year 1985, the 25 maximum eligible operating expenses for any such participant 26 shall be the amount of projected operating expenses upon 27 which the appropriation for such participant for Fiscal Year 28 1985 is based. 29 The 10% maximum increase over the amount appropriated for 30 the preceding year, however, may be exceeded for a 31 participant that received an initial appropriation in Fiscal 32 Year 1994,orFiscal Year 1998, or Fiscal Year 2001. For any 33 such participant, a 10% maximum increase over the amount 34 appropriated in the preceding year is established in each HB4253 Engrossed -4- LRB9110370DHks 1 subsequent year following the Fiscal Year when the amount 2 appropriated is equal to or greater than the maximum 3 allowable under Section 2-7 of this Act. 4 (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.) 5 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 6 Sec. 2-7. Quarterly reports; annual audit. 7 (a) Any Metro-East Transit District participant shall, 8 no later than 30 days following the end of each month of any 9 fiscal year, file with the Department on forms provided by 10 the Department for that purpose, a report of the actual 11 operating deficit experienced during that quarter. The 12 Department shall, upon receipt of the quarterly report, and 13 upon determining that such operating deficits were incurred 14 in conformity with the program of proposed expenditures 15 approved by the Department pursuant to Section 2-11, pay to 16 any Metro-East Transit District participant such portion of 17 such operating deficit as funds have been transferred to the 18 Metro-East Transit Public Transportation Fund and allocated 19 to that Metro-East Transit District participant. 20 (b) Each participant other than any Metro-East Transit 21 District participant shall, 30 days before the end of each 22 quarter, file with the Department on forms provided by the 23 Department for such purposes a report of the projected 24 eligible operating expenses to be incurred in the next 25 quarter and 30 days before the third and fourth quarters of 26 any fiscal year a statement of actual eligible operating 27 expenses incurred in the preceding quarters. Within 45 days 28 of receipt by the Department of such quarterly report, the 29 Comptroller shall order paid and the Treasurer shall pay from 30 the Downstate Public Transportation Fund to each participant 31 an amount equal to one-third of such participant's eligible 32 operating expenses; provided, however, that in Fiscal Year 33 1997, the amount paid to each participant from the Downstate HB4253 Engrossed -5- LRB9110370DHks 1 Public Transportation Fund shall be an amount equal to 47% of 2 such participant's eligible operating expenses and shall be 3 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 4 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 5 and thereafter, and in the case of rural mass transit 6 districts that lack local taxes or appropriations, the amount 7 paid to each participant shall be equal to 75% of the 8 eligible operating expenses in Fiscal Year 2002 and 9 thereafter; however, in any year that a participant receives 10 funding under subsection (i) of Section 2705-305 of the 11 Department of Transportation Law (20 ILCS 2705/2705-305), 12 that participant shall be eligible only for assistance equal 13 to the following percentage of its eligible operating 14 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 15 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in 16 Fiscal Year 2001 and thereafter. Any such payment for the 17 third and fourth quarters of any fiscal year shall be 18 adjusted to reflect actual eligible operating expenses for 19 preceding quarters of such fiscal year. However, no 20 participant shall receive an amount less than that which was 21 received in the immediate prior year, provided in the event 22 of a shortfall in the fund those participants receiving less 23 than their full allocation pursuant to Section 2-6 of this 24 Article shall be the first participants to receive an amount 25 not less than that received in the immediate prior year. 26 (c) No later than 180 days following the last day of the 27 Fiscal Year each participant shall provide the Department 28 with an audit prepared by a Certified Public Accountant 29 covering that Fiscal Year. Any discrepancy between the 30 grants paid and one-third of the eligible operating expenses 31 or in the case of the Bi-State Metropolitan Development 32 District the approved program amount shall be reconciled by 33 appropriate payment or credit. Beginning in Fiscal Year 1985, 34 for those participants other than the Bi-State Metropolitan HB4253 Engrossed -6- LRB9110370DHks 1 Development District, any discrepancy between the grants paid 2 and the percentage of the eligible operating expenses 3 provided for by paragraph (b) of this Section shall be 4 reconciled by appropriate payment or credit. 5 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 6 revised 8-9-99.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.