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| Public Act 102-0790 | ||||
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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 | ||||
amended by changing Section 2-7 as follows:
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(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
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Sec. 2-7. Quarterly reports; annual audit.
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(a) Any Metro-East Transit District participant shall, no
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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.
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(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
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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
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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
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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.
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(b-5) (Blank.)
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(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.
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(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.
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(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.
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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
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reimbursement as a result of an over payment from a prior State
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fiscal year shall be deposited into the Downstate Public
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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.
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(Source: P.A. 102-626, eff. 8-27-21.)
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