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| Public Act 094-0070 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Downstate Public Transportation Act is | ||||
amended by changing Sections 2-2.02, 2-2.04, 2-2.05, 2-3, 2-6, | ||||
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 | ||||
local mass transit district organized under the Local Mass | ||||
Transit
District Act (a) serving an urbanized area of over | ||||
50,000 population or
on
December 28, 1989, (b) receiving State | ||||
mass transportation operating assistance
pursuant to the | ||||
Downstate Public Transportation Act during Fiscal Year 1979, or
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(c) serving a nonurbanized area and receiving federal rural | ||||
public
transportation assistance on or before
June 30, 2002; or
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(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.
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(Source: P.A. 91-357, eff. 7-29-99; 92-258, eff. 8-7-01; | ||||
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 | ||||
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
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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
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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.
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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.
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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.
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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.
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With respect to any mass transit district participant that | ||
has increased
its district boundaries by annexing counties | ||
since 1998 and is maintaining a
level of local financial | ||
support, including all income and revenues, equal to
or greater | ||
than the level in the State fiscal year ending June 30, 2001, | ||
the
maximum eligible operating expenses for any State fiscal | ||
year after 2002 (except State fiscal year 2006) shall
be the | ||
amount appropriated for that participant for the State fiscal | ||
year
ending June 30, 2002, plus, in each State fiscal year, a | ||
10% increase over the
preceding State fiscal year. For State | ||
fiscal year 2002, the maximum eligible
operating expenses for | ||
any such participant shall be the amount of projected
operating | ||
expenses upon which the appropriation for that participant for | ||
State
fiscal year 2002 is based. For that participant, eligible | ||
operating expenses
for State fiscal year 2002 in excess of the | ||
eligible operating expenses for the
State fiscal year ending | ||
June 30, 2001, plus 10%, must be attributed to the
provision of | ||
services in the newly annexed counties.
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With respect to a participant that receives an initial | ||
appropriation in State
fiscal year 2002 or thereafter, the | ||
maximum eligible operating expenses for any State fiscal
year | ||
after 2003 (except State fiscal year 2006) shall be the amount | ||
appropriated for that participant for the
State fiscal year in | ||
which it received its initial appropriation
ending June 30, | ||
2003, plus, in each year, a 10% increase over
the preceding | ||
year. For the initial State fiscal year in which a participant | ||
received an appropriation
2003, the maximum eligible operating
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expenses for any such participant shall be the amount of | ||
projected operating
expenses upon which the appropriation for | ||
that participant for that State fiscal
year 2003 is based.
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With respect to the District serving primarily the counties | ||
of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||
County Transit District shall no longer be included for new | ||
appropriation funding purposes as part of the Metro-East Public | ||
Transportation Fund and instead shall be included for new | ||
appropriation funding purposes as part of the Downstate Public | ||
Transportation Fund; provided, however, that nothing herein | ||
shall alter the eligibility of that District for previously | ||
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; | ||
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 | ||
transportation or conveyance of
persons by means available to | ||
the general public including groups of the
general public with | ||
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 | ||
each participant
as approved by the Department, except for | ||
transportation by automobiles not used for
conveyance of the | ||
general public as passengers.
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Service in a participant's service area may be provided by | ||
either (i) another eligible participant through an | ||
intergovernmental agreement, (ii) a private for-profit | ||
operator through a third party contract, or (iii) a private | ||
non-profit operator through a pass through agreement or third | ||
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 | ||
each month,
beginning July 1, 1984, upon certification of the | ||
Department of Revenue,
the Comptroller shall order | ||
transferred, and the Treasurer shall
transfer, from the General | ||
Revenue Fund to a special fund in the State
Treasury which is | ||
hereby created, to be known as the "Downstate Public
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Transportation Fund", an amount equal to 2/32 (beginning July | ||
1, 2005, 3/32) of the net revenue
realized from the "Retailers' | ||
Occupation Tax Act", as now or hereafter
amended, the "Service | ||
Occupation Tax Act", as now or hereafter amended,
the "Use Tax | ||
Act", as now or hereafter amended, and the "Service Use Tax
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Act", as now or hereafter amended, from persons incurring | ||
municipal or
county retailers' or service occupation tax | ||
liability for the benefit of
any municipality or county located | ||
wholly within the boundaries of each
participant other than any | ||
Metro-East Transit District participant
certified pursuant to | ||
subsection (c) of this Section during the
preceding month, | ||
except that the Department shall pay into the Downstate
Public | ||
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||
of the net revenue realized under
the State tax Acts named | ||
above within any municipality or county located
wholly within | ||
the boundaries of each participant, other than any Metro-East
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participant, for tax periods beginning on or after January 1, | ||
1990;
provided, however, that beginning with fiscal year 1985,
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the transfers into the Downstate Public Transportation Fund | ||
during any
fiscal year shall not exceed the annual | ||
appropriation from the Downstate
Public Transportation Fund | ||
for that year. The Department of Transportation
shall notify | ||
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 | ||
from the
Downstate Public Transportation Fund.
Net revenue | ||
realized for a month shall be the revenue
collected by the | ||
State pursuant to such Acts during the previous month
from | ||
persons incurring municipal or county retailers' or service
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occupation tax liability for the benefit of any municipality or | ||
county
located wholly within the boundaries of a participant, | ||
less the amount
paid out during that same month as refunds or | ||
credit memoranda to
taxpayers for overpayment of liability | ||
under such Acts for the benefit
of any municipality or county | ||
located wholly within the boundaries of a
participant.
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(b) As soon as possible after the first day of each month, | ||
beginning
July 1, 1989, upon certification of the Department of | ||
Revenue, the
Comptroller shall order transferred, and the | ||
Treasurer shall transfer, from
the General Revenue Fund to a | ||
special fund in the State Treasury which is
hereby created, to | ||
be known as the "Metro-East Public Transportation Fund",
an | ||
amount equal to 2/32 of the net revenue realized, as above, | ||
from within
the boundaries of Madison, Monroe, and St. Clair | ||
Counties, except that the
Department shall pay into the | ||
Metro-East Public Transportation Fund 2/32 of
80% of the net | ||
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 | ||
beginning on or
after January 1, 1990. A local match
equivalent | ||
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 | ||
Madison County ,
Monroe and St. Clair Counties is required | ||
annually to cause a total of 2/32
of the net revenue to be | ||
deposited in the Metro-East Public Transportation
Fund. | ||
Failure to raise the required local match annually shall result | ||
in
only 1/32 being deposited into the Metro-East Public | ||
Transportation Fund
after July 1, 1989, or 1/32 of 80% of the | ||
net revenue realized for tax
periods beginning on or after | ||
January 1, 1990.
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(b-5) As soon as possible after the first day of each | ||
month, beginning July 1, 2005, upon certification of the | ||
Department of Revenue, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, from the General | ||
Revenue Fund to the Downstate Public Transportation Fund, an | ||
amount equal to 3/32 of 80% of the net revenue realized from | ||
within the boundaries of Monroe and St. Clair Counties under | ||
the State Tax Acts specified in subsection (a) of this Section | ||
and provided further that, beginning July 1, 2005, the | ||
provisions of subsection (b) shall no longer apply with respect | ||
to such tax receipts from Monroe and St. Clair Counties.
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(c) The Department shall certify to the Department of | ||
Revenue the
eligible participants under this Article and the | ||
territorial boundaries
of such participants for the purposes of | ||
the Department of Revenue in
subsections (a) and (b) of this | ||
Section.
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(d) For the purposes of this Article the Department shall | ||
include in
its annual request for appropriation of ordinary and | ||
contingent expenses
an amount equal to the sum total funds | ||
projected to be paid to the
participants pursuant to Section | ||
2-7.
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(e) In addition to any other permitted use of moneys in the | ||
Fund, and
notwithstanding any restriction on the use of the | ||
Fund, moneys in the
Downstate Public Transportation
Fund may be | ||
transferred to the General Revenue Fund as authorized by Public
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Act 87-14. The General Assembly finds that an excess of moneys | ||
existed in
the Fund on July 30, 1991, and the Governor's order | ||
of July 30, 1991,
and the Governor's order of July 30, 1991, | ||
requesting the Comptroller and
Treasurer to transfer an amount | ||
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. | ||
(a) Any unit of local government that becomes a participant | ||
on or after the effective date of this amendatory Act of the | ||
94th General Assembly shall, in addition to any other | ||
requirements under this Article, meet all of the following | ||
requirements when applying for grants under this Article:
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(1) The grant application must demonstrate the | ||
participant's plan to provide general public | ||
transportation with an emphasis on elderly, disabled, and | ||
economically disadvantaged populations. | ||
(2) The grant application must demonstrate the | ||
participant's plan for interagency coordination that, at a | ||
minimum, allows the participation of all State-funded and | ||
federally-funded agencies and programs with transportation | ||
needs in the proposed service area in the development of | ||
the applicant's public transportation program. | ||
(3) Any participant serving a nonurbanized area that is | ||
not receiving Federal Section 5311 funding must meet the | ||
operating and safety compliance requirements as set forth | ||
in that federal program. | ||
(4) The participant is required to hold public hearings | ||
to allow comment on the proposed service plan in all | ||
municipalities with populations of 1,500 inhabitants or | ||
more within the proposed service area. | ||
(b) Service extensions by any participant after July 1, | ||
2005 by either annexation or intergovernmental agreement must | ||
meet the 4 requirements of subsection (a). | ||
(c) In order to receive funding, the Department shall | ||
certify that the participant has met the requirements of this | ||
Section. Funding priority shall be given to service extension, | ||
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 | ||
Metro-East
Transit District participant, the Department shall | ||
allocate the funds to be
made available to each participant | ||
under this Article for the following
fiscal year and shall | ||
notify the chief official of each participant not
later than | ||
the first day of the fiscal year of this amount. For Fiscal | ||
Year
1975, notification shall be made not later than January 1, | ||
1975, of the
amount of such allocation. In determining the | ||
allocation for each
participant, the Department shall estimate | ||
the funds available to the
participant from the Downstate | ||
Public Transportation Fund for the purposes
of this Article | ||
during the succeeding fiscal year, and shall allocate to
each | ||
participant the amount attributable to it which shall be the | ||
amount
paid into the Downstate Public Transportation Fund under | ||
Section 2-3 from
within its boundaries. Said allocations may be | ||
exceeded for participants
receiving assistance equal to | ||
one-third of their eligible
operating expenses, only if an | ||
allocation is less than one-third of such
participant's | ||
eligible operating expenses, provided, however, that no other
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participant is denied its one-third of eligible operating | ||
expenses. Beginning
in Fiscal Year 1997, said allocation may be | ||
exceeded for
participants receiving
assistance equal to the | ||
percentage of their eligible operating
expenses provided for in | ||
paragraph (b) of Section 2-7, only if
allocation is less than | ||
the percentage of such participant's
eligible operating | ||
expenses provided for in paragraph (b) of Section 2-7,
provided | ||
however, that no other participant is denied its percentage
of | ||
eligible
operating expenses.
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(b) With regard to any Metro-East Transit District | ||
organized under the
Local Mass Transit District Act and serving | ||
one or more of the Counties of
Madison, Monroe and St. Clair | ||
during Fiscal Year 1989, the Department shall
allocate the | ||
funds to be made available to each participant for the
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following and succeeding fiscal years and shall notify the | ||
chief official
of each participant not later than the first day | ||
of the fiscal year of this
amount. Beginning July 1, 2005, the
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The Department shall allocate 55% of the amount paid into the
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Metro-East Public Transportation Fund to the District serving | ||
primarily the
Counties of Monroe and St. Clair and 45% of the | ||
amount to that District
serving primarily the County of | ||
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)
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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 approved by the Department pursuant to
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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
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
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.
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(b-5) With respect to the District serving primarily the | ||
counties of Monroe and St. Clair, beginning July 1, 2005 and | ||
each fiscal year thereafter, the District may, as an | ||
alternative to the provisions of subsection (b) of Section 2-7, | ||
file a request with the Department for a monthly payment of | ||
1/12 of the amount appropriated to the District for that fiscal | ||
year; except that, for the final month of the fiscal year, the | ||
District's request shall be in an amount such that the total | ||
payments made to the District in that fiscal year do not exceed | ||
the lesser of (i) 55% of the District's eligible operating | ||
expenses for that fiscal year or (ii) the total amount | ||
appropriated to the District for that fiscal year.
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(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. For those participants other than a | ||
Metro-East Transit
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.
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(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | ||
eff. 6-28-01;
92-258, eff. 8-7-01; 92-464, eff. 8-22-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||