Illinois General Assembly - Full Text of HB2222
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Full Text of HB2222  94th General Assembly

HB2222enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Downstate Public Transportation Act is
5 amended by changing Sections 2-2.02, 2-2.04, 2-2.05, 2-3, 2-6,
6 and 2-7 and adding Section 2-5.1 as follows:
 
7     (30 ILCS 740/2-2.02)  (from Ch. 111 2/3, par. 662.02)
8     Sec. 2-2.02. "Participant" means:
9     (1) a city, village, or incorporated town, a county, or a
10 local mass transit district organized under the Local Mass
11 Transit District Act (a) serving an urbanized area of over
12 50,000 population or on December 28, 1989, (b) receiving State
13 mass transportation operating assistance pursuant to the
14 Downstate Public Transportation Act during Fiscal Year 1979, or
15 (c) serving a nonurbanized area and receiving federal rural
16 public transportation assistance on or before June 30, 2002; or
17     (2) any Metro-East Transit District established pursuant
18 to Section 3 of the Local Mass Transit District Act and serving
19 one or more of the Counties of Madison, Monroe, and St. Clair
20 during Fiscal Year 1989, all located outside the boundaries of
21 the Regional Transportation Authority as established pursuant
22 to the Regional Transportation Authority Act.
23 (Source: P.A. 91-357, eff. 7-29-99; 92-258, eff. 8-7-01;
24 92-464, eff. 8-22-01.)
 
25     (30 ILCS 740/2-2.04)  (from Ch. 111 2/3, par. 662.04)
26     Sec. 2-2.04. "Eligible operating expenses" means all
27 expenses required for public transportation, including
28 employee wages and benefits, materials, fuels, supplies,
29 rental of facilities, taxes other than income taxes, payment
30 made for debt service (including principal and interest) on
31 publicly owned equipment or facilities, and any other

 

 

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1 expenditure which is an operating expense according to standard
2 accounting practices for the providing of public
3 transportation. Eligible operating expenses shall not include
4 allowances: (a) for depreciation whether funded or unfunded;
5 (b) for amortization of any intangible costs; (c) for debt
6 service on capital acquired with the assistance of capital
7 grant funds provided by the State of Illinois; (d) for profits
8 or return on investment; (e) for excessive payment to
9 associated entities; (f) for Comprehensive Employment Training
10 Act expenses; (g) for costs reimbursed under Sections 6 and 8
11 of the "Urban Mass Transportation Act of 1964", as amended; (h)
12 for entertainment expenses; (i) for charter expenses; (j) for
13 fines and penalties; (k) for charitable donations; (l) for
14 interest expense on long term borrowing and debt retirement
15 other than on publicly owned equipment or facilities; (m) for
16 income taxes; or (n) for such other expenses as the Department
17 may determine consistent with federal Department of
18 Transportation regulations or requirements.
19     With respect to participants other than any Metro-East
20 Transit District participant and those receiving federal
21 research development and demonstration funds pursuant to
22 Section 6 of the "Urban Mass Transportation Act of 1964", as
23 amended, during the fiscal year ending June 30, 1979, the
24 maximum eligible operating expenses for any such participant in
25 any fiscal year after Fiscal Year 1980 shall be the amount
26 appropriated for such participant for the fiscal year ending
27 June 30, 1980, plus in each year a 10% increase over the
28 maximum established for the preceding fiscal year. For Fiscal
29 Year 1980 the maximum eligible operating expenses for any such
30 participant shall be the amount of projected operating expenses
31 upon which the appropriation for such participant for Fiscal
32 Year 1980 is based.
33     With respect to participants receiving federal research
34 development and demonstration operating assistance funds for
35 operating assistance pursuant to Section 6 of the "Urban Mass
36 Transportation Act of 1964", as amended, during the fiscal year

 

 

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1 ending June 30, 1979, the maximum eligible operating expenses
2 for any such participant in any fiscal year after Fiscal Year
3 1980 shall not exceed such participant's eligible operating
4 expenses for the fiscal year ending June 30, 1980, plus in each
5 year a 10% increase over the maximum established for the
6 preceding fiscal year. For Fiscal Year 1980, the maximum
7 eligible operating expenses for any such participant shall be
8 the eligible operating expenses incurred during such fiscal
9 year, or projected operating expenses upon which the
10 appropriation for such participant for the Fiscal Year 1980 is
11 based; whichever is less.
12     With respect to all participants other than any Metro-East
13 Transit District participant, the maximum eligible operating
14 expenses for any such participant in any fiscal year after
15 Fiscal Year 1985 shall be the amount appropriated for such
16 participant for the fiscal year ending June 30, 1985, plus in
17 each year a 10% increase over the maximum established for the
18 preceding year. For Fiscal Year 1985, the maximum eligible
19 operating expenses for any such participant shall be the amount
20 of projected operating expenses upon which the appropriation
21 for such participant for Fiscal Year 1985 is based.
22     With respect to any mass transit district participant that
23 has increased its district boundaries by annexing counties
24 since 1998 and is maintaining a level of local financial
25 support, including all income and revenues, equal to or greater
26 than the level in the State fiscal year ending June 30, 2001,
27 the maximum eligible operating expenses for any State fiscal
28 year after 2002 (except State fiscal year 2006) shall be the
29 amount appropriated for that participant for the State fiscal
30 year ending June 30, 2002, plus, in each State fiscal year, a
31 10% increase over the preceding State fiscal year. For State
32 fiscal year 2002, the maximum eligible operating expenses for
33 any such participant shall be the amount of projected operating
34 expenses upon which the appropriation for that participant for
35 State fiscal year 2002 is based. For that participant, eligible
36 operating expenses for State fiscal year 2002 in excess of the

 

 

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1 eligible operating expenses for the State fiscal year ending
2 June 30, 2001, plus 10%, must be attributed to the provision of
3 services in the newly annexed counties.
4     With respect to a participant that receives an initial
5 appropriation in State fiscal year 2002 or thereafter, the
6 maximum eligible operating expenses for any State fiscal year
7 after 2003 (except State fiscal year 2006) shall be the amount
8 appropriated for that participant for the State fiscal year in
9 which it received its initial appropriation ending June 30,
10 2003, plus, in each year, a 10% increase over the preceding
11 year. For the initial State fiscal year in which a participant
12 received an appropriation 2003, the maximum eligible operating
13 expenses for any such participant shall be the amount of
14 projected operating expenses upon which the appropriation for
15 that participant for that State fiscal year 2003 is based.
16     With respect to the District serving primarily the counties
17 of Monroe and St. Clair, beginning July 1, 2005, the St. Clair
18 County Transit District shall no longer be included for new
19 appropriation funding purposes as part of the Metro-East Public
20 Transportation Fund and instead shall be included for new
21 appropriation funding purposes as part of the Downstate Public
22 Transportation Fund; provided, however, that nothing herein
23 shall alter the eligibility of that District for previously
24 appropriated funds to which it would otherwise be entitled.
25 (Source: P.A. 92-258, eff. 8-7-01; 92-464, eff. 8-22-01;
26 92-651, eff. 7-11-02.)
 
27     (30 ILCS 740/2-2.05)  (from Ch. 111 2/3, par. 662.05)
28     Sec. 2-2.05. "Public Transportation" means the
29 transportation or conveyance of persons by means available to
30 the general public including groups of the general public with
31 special needs
32     (1) within the urbanized area or
33     (2) in the nonurbanized areas within the service area of
34 each participant as approved by the Department, except for
35 transportation by automobiles not used for conveyance of the

 

 

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1 general public as passengers.
2     Service in a participant's service area may be provided by
3 either (i) another eligible participant through an
4 intergovernmental agreement, (ii) a private for-profit
5 operator through a third party contract, or (iii) a private
6 non-profit operator through a pass through agreement or third
7 party contract.
8 (Source: P.A. 82-783.)
 
9     (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
10     Sec. 2-3. (a) As soon as possible after the first day of
11 each month, beginning July 1, 1984, upon certification of the
12 Department of Revenue, the Comptroller shall order
13 transferred, and the Treasurer shall transfer, from the General
14 Revenue Fund to a special fund in the State Treasury which is
15 hereby created, to be known as the "Downstate Public
16 Transportation Fund", an amount equal to 2/32 (beginning July
17 1, 2005, 3/32) of the net revenue realized from the "Retailers'
18 Occupation Tax Act", as now or hereafter amended, the "Service
19 Occupation Tax Act", as now or hereafter amended, the "Use Tax
20 Act", as now or hereafter amended, and the "Service Use Tax
21 Act", as now or hereafter amended, from persons incurring
22 municipal or county retailers' or service occupation tax
23 liability for the benefit of any municipality or county located
24 wholly within the boundaries of each participant other than any
25 Metro-East Transit District participant certified pursuant to
26 subsection (c) of this Section during the preceding month,
27 except that the Department shall pay into the Downstate Public
28 Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
29 of the net revenue realized under the State tax Acts named
30 above within any municipality or county located wholly within
31 the boundaries of each participant, other than any Metro-East
32 participant, for tax periods beginning on or after January 1,
33 1990; provided, however, that beginning with fiscal year 1985,
34 the transfers into the Downstate Public Transportation Fund
35 during any fiscal year shall not exceed the annual

 

 

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1 appropriation from the Downstate Public Transportation Fund
2 for that year. The Department of Transportation shall notify
3 the Department of Revenue and the Comptroller at the beginning
4 of each fiscal year of the amount of the annual appropriation
5 from the Downstate Public Transportation Fund. Net revenue
6 realized for a month shall be the revenue collected by the
7 State pursuant to such Acts during the previous month from
8 persons incurring municipal or county retailers' or service
9 occupation tax liability for the benefit of any municipality or
10 county located wholly within the boundaries of a participant,
11 less the amount paid out during that same month as refunds or
12 credit memoranda to taxpayers for overpayment of liability
13 under such Acts for the benefit of any municipality or county
14 located wholly within the boundaries of a participant.
15     (b) As soon as possible after the first day of each month,
16 beginning July 1, 1989, upon certification of the Department of
17 Revenue, the Comptroller shall order transferred, and the
18 Treasurer shall transfer, from the General Revenue Fund to a
19 special fund in the State Treasury which is hereby created, to
20 be known as the "Metro-East Public Transportation Fund", an
21 amount equal to 2/32 of the net revenue realized, as above,
22 from within the boundaries of Madison, Monroe, and St. Clair
23 Counties, except that the Department shall pay into the
24 Metro-East Public Transportation Fund 2/32 of 80% of the net
25 revenue realized under the State tax Acts specified in
26 subsection (a) of this Section within the boundaries of
27 Madison, Monroe and St. Clair Counties for tax periods
28 beginning on or after January 1, 1990. A local match equivalent
29 to an amount which could be raised by a tax levy at the rate of
30 .05% on the assessed value of property within the boundaries of
31 Madison County , Monroe and St. Clair Counties is required
32 annually to cause a total of 2/32 of the net revenue to be
33 deposited in the Metro-East Public Transportation Fund.
34 Failure to raise the required local match annually shall result
35 in only 1/32 being deposited into the Metro-East Public
36 Transportation Fund after July 1, 1989, or 1/32 of 80% of the

 

 

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1 net revenue realized for tax periods beginning on or after
2 January 1, 1990.
3     (b-5) As soon as possible after the first day of each
4 month, beginning July 1, 2005, upon certification of the
5 Department of Revenue, the Comptroller shall order
6 transferred, and the Treasurer shall transfer, from the General
7 Revenue Fund to the Downstate Public Transportation Fund, an
8 amount equal to 3/32 of 80% of the net revenue realized from
9 within the boundaries of Monroe and St. Clair Counties under
10 the State Tax Acts specified in subsection (a) of this Section
11 and provided further that, beginning July 1, 2005, the
12 provisions of subsection (b) shall no longer apply with respect
13 to such tax receipts from Monroe and St. Clair Counties.
14     (c) The Department shall certify to the Department of
15 Revenue the eligible participants under this Article and the
16 territorial boundaries of such participants for the purposes of
17 the Department of Revenue in subsections (a) and (b) of this
18 Section.
19     (d) For the purposes of this Article the Department shall
20 include in its annual request for appropriation of ordinary and
21 contingent expenses an amount equal to the sum total funds
22 projected to be paid to the participants pursuant to Section
23 2-7.
24     (e) In addition to any other permitted use of moneys in the
25 Fund, and notwithstanding any restriction on the use of the
26 Fund, moneys in the Downstate Public Transportation Fund may be
27 transferred to the General Revenue Fund as authorized by Public
28 Act 87-14. The General Assembly finds that an excess of moneys
29 existed in the Fund on July 30, 1991, and the Governor's order
30 of July 30, 1991, and the Governor's order of July 30, 1991,
31 requesting the Comptroller and Treasurer to transfer an amount
32 from the Fund to the General Revenue Fund is hereby validated.
33 (Source: P.A. 86-590; 86-953; 87-838.)
 
34     (30 ILCS 740/2-5.1 new)
35     Sec. 2-5.1. Additional requirements.

 

 

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1     (a) Any unit of local government that becomes a participant
2 on or after the effective date of this amendatory Act of the
3 94th General Assembly shall, in addition to any other
4 requirements under this Article, meet all of the following
5 requirements when applying for grants under this Article:
6         (1) The grant application must demonstrate the
7     participant's plan to provide general public
8     transportation with an emphasis on elderly, disabled, and
9     economically disadvantaged populations.
10         (2) The grant application must demonstrate the
11     participant's plan for interagency coordination that, at a
12     minimum, allows the participation of all State-funded and
13     federally-funded agencies and programs with transportation
14     needs in the proposed service area in the development of
15     the applicant's public transportation program.
16         (3) Any participant serving a nonurbanized area that is
17     not receiving Federal Section 5311 funding must meet the
18     operating and safety compliance requirements as set forth
19     in that federal program.
20         (4) The participant is required to hold public hearings
21     to allow comment on the proposed service plan in all
22     municipalities with populations of 1,500 inhabitants or
23     more within the proposed service area.
24     (b) Service extensions by any participant after July 1,
25 2005 by either annexation or intergovernmental agreement must
26 meet the 4 requirements of subsection (a).
27     (c) In order to receive funding, the Department shall
28 certify that the participant has met the requirements of this
29 Section. Funding priority shall be given to service extension,
30 multi-county, and multi-jurisdictional projects.
 
31     (30 ILCS 740/2-6)  (from Ch. 111 2/3, par. 666)
32     Sec. 2-6. Allocation of funds.
33     (a) With respect to all participants other than any
34 Metro-East Transit District participant, the Department shall
35 allocate the funds to be made available to each participant

 

 

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1 under this Article for the following fiscal year and shall
2 notify the chief official of each participant not later than
3 the first day of the fiscal year of this amount. For Fiscal
4 Year 1975, notification shall be made not later than January 1,
5 1975, of the amount of such allocation. In determining the
6 allocation for each participant, the Department shall estimate
7 the funds available to the participant from the Downstate
8 Public Transportation Fund for the purposes of this Article
9 during the succeeding fiscal year, and shall allocate to each
10 participant the amount attributable to it which shall be the
11 amount paid into the Downstate Public Transportation Fund under
12 Section 2-3 from within its boundaries. Said allocations may be
13 exceeded for participants receiving assistance equal to
14 one-third of their eligible operating expenses, only if an
15 allocation is less than one-third of such participant's
16 eligible operating expenses, provided, however, that no other
17 participant is denied its one-third of eligible operating
18 expenses. Beginning in Fiscal Year 1997, said allocation may be
19 exceeded for participants receiving assistance equal to the
20 percentage of their eligible operating expenses provided for in
21 paragraph (b) of Section 2-7, only if allocation is less than
22 the percentage of such participant's eligible operating
23 expenses provided for in paragraph (b) of Section 2-7, provided
24 however, that no other participant is denied its percentage of
25 eligible operating expenses.
26     (b) With regard to any Metro-East Transit District
27 organized under the Local Mass Transit District Act and serving
28 one or more of the Counties of Madison, Monroe and St. Clair
29 during Fiscal Year 1989, the Department shall allocate the
30 funds to be made available to each participant for the
31 following and succeeding fiscal years and shall notify the
32 chief official of each participant not later than the first day
33 of the fiscal year of this amount. Beginning July 1, 2005, the
34 The Department shall allocate 55% of the amount paid into the
35 Metro-East Public Transportation Fund to the District serving
36 primarily the Counties of Monroe and St. Clair and 45% of the

 

 

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1 amount to that District serving primarily the County of
2 Madison.
3 (Source: P.A. 89-598, eff. 8-1-96.)
 
4     (30 ILCS 740/2-7)  (from Ch. 111 2/3, par. 667)
5     Sec. 2-7. Quarterly reports; annual audit.
6     (a) Any Metro-East Transit District participant shall, no
7 later than 60 days following the end of each quarter of any
8 fiscal year, file with the Department on forms provided by the
9 Department for that purpose, a report of the actual operating
10 deficit experienced during that quarter. The Department shall,
11 upon receipt of the quarterly report, determine whether the
12 operating deficits were incurred in conformity with the program
13 of proposed expenditures approved by the Department pursuant to
14 Section 2-11. Any Metro-East District may either monthly or
15 quarterly for any fiscal year file a request for the
16 participant's eligible share, as allocated in accordance with
17 Section 2-6, of the amounts transferred into the Metro-East
18 Public Transportation Fund.
19     (b) Each participant other than any Metro-East Transit
20 District participant shall, 30 days before the end of each
21 quarter, file with the Department on forms provided by the
22 Department for such purposes a report of the projected eligible
23 operating expenses to be incurred in the next quarter and 30
24 days before the third and fourth quarters of any fiscal year a
25 statement of actual eligible operating expenses incurred in the
26 preceding quarters. Except as otherwise provided in subsection
27 (b-5), within Within 45 days of receipt by the Department of
28 such quarterly report, the Comptroller shall order paid and the
29 Treasurer shall pay from the Downstate Public Transportation
30 Fund to each participant an amount equal to one-third of such
31 participant's eligible operating expenses; provided, however,
32 that in Fiscal Year 1997, the amount paid to each participant
33 from the Downstate Public Transportation Fund shall be an
34 amount equal to 47% of such participant's eligible operating
35 expenses and shall be increased to 49% in Fiscal Year 1998, 51%

 

 

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1 in Fiscal Year 1999, 53% in Fiscal Year 2000, and 55% in Fiscal
2 Year 2001 and thereafter; however, in any year that a
3 participant receives funding under subsection (i) of Section
4 2705-305 of the Department of Transportation Law (20 ILCS
5 2705/2705-305), that participant shall be eligible only for
6 assistance equal to the following percentage of its eligible
7 operating expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year
8 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50%
9 in Fiscal Year 2001 and thereafter. Any such payment for the
10 third and fourth quarters of any fiscal year shall be adjusted
11 to reflect actual eligible operating expenses for preceding
12 quarters of such fiscal year. However, no participant shall
13 receive an amount less than that which was received in the
14 immediate prior year, provided in the event of a shortfall in
15 the fund those participants receiving less than their full
16 allocation pursuant to Section 2-6 of this Article shall be the
17 first participants to receive an amount not less than that
18 received in the immediate prior year.
19     (b-5) With respect to the District serving primarily the
20 counties of Monroe and St. Clair, beginning July 1, 2005 and
21 each fiscal year thereafter, the District may, as an
22 alternative to the provisions of subsection (b) of Section 2-7,
23 file a request with the Department for a monthly payment of
24 1/12 of the amount appropriated to the District for that fiscal
25 year; except that, for the final month of the fiscal year, the
26 District's request shall be in an amount such that the total
27 payments made to the District in that fiscal year do not exceed
28 the lesser of (i) 55% of the District's eligible operating
29 expenses for that fiscal year or (ii) the total amount
30 appropriated to the District for that fiscal year.
31     (c) No later than 180 days following the last day of the
32 Fiscal Year each participant shall provide the Department with
33 an audit prepared by a Certified Public Accountant covering
34 that Fiscal Year. For those participants other than a
35 Metro-East Transit District, any discrepancy between the
36 grants paid and the percentage of the eligible operating

 

 

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1 expenses provided for by paragraph (b) of this Section shall be
2 reconciled by appropriate payment or credit. In the case of any
3 Metro-East Transit District, any amount of payments from the
4 Metro-East Public Transportation Fund which exceed the
5 eligible deficit of the participant shall be reconciled by
6 appropriate payment or credit.
7 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
8 eff. 6-28-01; 92-258, eff. 8-7-01; 92-464, eff. 8-22-01.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.