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Public Act 92-0258
HB0185 Enrolled LRB9202705DHcs
AN ACT concerning public transportation.
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 Sections 2-2.02, 2-2.04, and 2-7 as
follows:
(30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
Sec. 2-2.02. "Participant" means:
(1) a city, village, or incorporated town, or a local
mass transit district organized under the Local Mass Transit
District Act (a) serving an urbanized area of over 50,000
population on December 28, 1989, (b) receiving State mass
transportation operating assistance pursuant to the Downstate
Public Transportation Act during Fiscal Year 1979, or (c)
serving a nonurbanized area and receiving federal rural
public transportation assistance on or before June 30, 2002
on the effective date of this amendatory Act of 1993; or
(2) any Metro-East Transit District established pursuant
to Section 3 of the Local Mass Transit District Act and
serving one or more of the Counties of Madison, Monroe, and
St. Clair during Fiscal Year 1989, all located outside the
boundaries of the Regional Transportation Authority as
established pursuant to the Regional Transportation Authority
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
Sec. 2-2.04. "Eligible operating expenses" means all
expenses required for public transportation, including
employee wages and benefits, materials, fuels, supplies,
rental of facilities, taxes other than income taxes, payment
made for debt service (including principal and interest) on
publicly owned equipment or facilities, and any other
expenditure which is an operating expense according to
standard accounting practices for the providing of public
transportation. Eligible operating expenses shall not include
allowances: (a) for depreciation whether funded or unfunded;
(b) for amortization of any intangible costs; (c) for debt
service on capital acquired with the assistance of capital
grant funds provided by the State of Illinois; (d) for
profits or return on investment; (e) for excessive payment to
associated entities; (f) for Comprehensive Employment
Training Act expenses; (g) for costs reimbursed under
Sections 6 and 8 of the "Urban Mass Transportation Act of
1964", as amended; (h) for entertainment expenses; (i) for
charter expenses; (j) for fines and penalties; (k) for
charitable donations; (l) for interest expense on long term
borrowing and debt retirement other than on publicly owned
equipment or facilities; (m) for income taxes; or (n) for
such other expenses as the Department may determine
consistent with federal Department of Transportation
regulations or requirements.
With respect to participants other than any Metro-East
Transit District participant and those receiving federal
research development and demonstration funds pursuant to
Section 6 of the "Urban Mass Transportation Act of 1964", as
amended, during the fiscal year ending June 30, 1979, the
maximum eligible operating expenses for any such participant
in any fiscal year after Fiscal Year 1980 shall be the amount
appropriated for such participant for the fiscal year ending
June 30, 1980, plus in each year a 10% increase over the
maximum established for the preceding fiscal year. For
Fiscal Year 1980 the maximum eligible operating expenses for
any such participant shall be the amount of projected
operating expenses upon which the appropriation for such
participant for Fiscal Year 1980 is based.
With respect to participants receiving federal research
development and demonstration operating assistance funds for
operating assistance pursuant to Section 6 of the "Urban Mass
Transportation Act of 1964", as amended, during the fiscal
year ending June 30, 1979, the maximum eligible operating
expenses for any such participant in any fiscal year after
Fiscal Year 1980 shall not exceed such participant's eligible
operating expenses for the fiscal year ending June 30, 1980,
plus in each year a 10% increase over the maximum established
for the preceding fiscal year. For Fiscal Year 1980, the
maximum eligible operating expenses for any such participant
shall be the eligible operating expenses incurred during such
fiscal year, or projected operating expenses upon which the
appropriation for such participant for the Fiscal Year 1980
is based; whichever is less.
With respect to all participants other than any
Metro-East Transit District participant, the maximum eligible
operating expenses for any such participant in any fiscal
year after Fiscal Year 1985 shall be the amount appropriated
for such participant for the fiscal year ending June 30,
1985, plus in each year a 10% increase over the maximum
established for the preceding year. For Fiscal Year 1985, the
maximum eligible operating expenses for any such participant
shall be the amount of projected operating expenses upon
which the appropriation for such participant for Fiscal Year
1985 is based.
The 10% maximum increase over the amount appropriated for
the preceding year, however, may be exceeded for a
participant that received an initial appropriation in Fiscal
Year 1994, or Fiscal Year 1998, or Fiscal Year 2002. For any
such participant, a 10% maximum increase over the amount
appropriated in the preceding year is established in each
subsequent year following the Fiscal Year when the amount
appropriated is equal to or greater than the maximum
allowable under Section 2-7 of this Act.
(Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.)
(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 30 days following the end of each quarter
month 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 and upon determining that such
operating deficits were incurred in conformity with the
program of proposed expenditures 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, pay to any Metro-East
Transit District participant such portion of such operating
deficit as funds have been transferred to the Metro-East
Transit Public Transportation Fund and allocated to that
Metro-East Transit District participant.
(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. 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, and 55% in Fiscal Year 2001
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.
(c) No later than 180 days following the last day of the
Fiscal Year each participant shall provide the Department
with an audit prepared by a Certified Public Accountant
covering that Fiscal Year. Any discrepancy between the
grants paid and one-third of the eligible operating expenses
or in the case of the Bi-State Metropolitan Development
District the approved program amount shall be reconciled by
appropriate payment or credit. Beginning in Fiscal Year 1985,
For those participants other than a Metro-East Transit
District the Bi-State Metropolitan Development District, any
discrepancy between the grants 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.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
revised 8-9-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 15, 2001.
Approved August 07, 2001.
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