Full Text of HB0138 101st General Assembly
HB0138ham001 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/8/2019
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| 1 | | AMENDMENT TO HOUSE BILL 138
| 2 | | AMENDMENT NO. ______. Amend House Bill 138 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Downstate Public Transportation Act is | 5 | | amended by changing Sections 2-3, 2-4, 2-5, 2-5.1, 2-7, 2-9, | 6 | | 2-10, 2-11, 2-12, 2-13, 2-14, 2-15.2, 2-15.3, and 2-17 as | 7 | | follows:
| 8 | | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| 9 | | Sec. 2-3. (a) As soon as possible after the first day of | 10 | | each month,
beginning July 1, 1984, upon certification of the | 11 | | Department of Revenue,
the Comptroller shall order | 12 | | transferred, and the Treasurer shall
transfer, from the General | 13 | | Revenue Fund to a special fund in the State
Treasury which is | 14 | | hereby created, to be known as the "Downstate Public
| 15 | | Transportation Fund", an amount equal to 2/32 (beginning July | 16 | | 1, 2005, 3/32) of the net revenue
realized from the Retailers' |
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| 1 | | Occupation Tax Act, the Service Occupation Tax Act,
the Use Tax | 2 | | Act, and the Service Use Tax
Act from persons incurring | 3 | | municipal or
county retailers' or service occupation tax | 4 | | liability for the benefit of
any municipality or county located | 5 | | wholly within the boundaries of each
participant, other than | 6 | | any Metro-East Transit District participant
certified pursuant | 7 | | to subsection (c) of this Section during the
preceding month, | 8 | | except that the Department shall pay into the Downstate
Public | 9 | | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | 10 | | of the net revenue realized under
the State tax Acts named | 11 | | above within any municipality or county located
wholly within | 12 | | the boundaries of each participant, other than any Metro-East
| 13 | | participant, for tax periods beginning on or after January 1, | 14 | | 1990.
Net revenue realized for a month shall be the revenue
| 15 | | collected by the State pursuant to such Acts during the | 16 | | previous month
from persons incurring municipal or county | 17 | | retailers' or service
occupation tax liability for the benefit | 18 | | of any municipality or county
located wholly within the | 19 | | boundaries of a participant, less the amount
paid out during | 20 | | that same month as refunds or credit memoranda to
taxpayers for | 21 | | overpayment of liability under such Acts for the benefit
of any | 22 | | municipality or county located wholly within the boundaries of | 23 | | a
participant. | 24 | | Notwithstanding any provision of law to the contrary, | 25 | | beginning on July 6, 2017 (the effective date of Public Act | 26 | | 100-23), those amounts required under this subsection (a) to be |
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| 1 | | transferred by the Treasurer into the Downstate Public | 2 | | Transportation Fund from the General Revenue Fund shall be | 3 | | directly deposited into the Downstate Public Transportation | 4 | | Fund as the revenues are realized from the taxes indicated.
| 5 | | (b) As soon as possible after the first day of each month, | 6 | | beginning
July 1, 1989, upon certification of the Department of | 7 | | Revenue, the
Comptroller shall order transferred, and the | 8 | | Treasurer shall transfer, from
the General Revenue Fund to a | 9 | | special fund in the State Treasury which is
hereby created, to | 10 | | be known as the "Metro-East Public Transportation Fund",
an | 11 | | amount equal to 2/32 of the net revenue realized, as above, | 12 | | from within
the boundaries of Madison, Monroe, and St. Clair | 13 | | Counties, except that the
Department shall pay into the | 14 | | Metro-East Public Transportation Fund 2/32 of
80% of the net | 15 | | revenue realized under the State tax Acts specified in
| 16 | | subsection (a) of this Section within the boundaries of
| 17 | | Madison, Monroe and St. Clair Counties for tax periods | 18 | | beginning on or
after January 1, 1990. A local match
equivalent | 19 | | to an amount which could be raised by a tax levy at the rate of
| 20 | | .05% on the assessed value of property within the boundaries of | 21 | | Madison County is required annually to cause a total of 2/32
of | 22 | | the net revenue to be deposited in the Metro-East Public | 23 | | Transportation
Fund. Failure to raise the required local match | 24 | | annually shall result in
only 1/32 being deposited into the | 25 | | Metro-East Public Transportation Fund
after July 1, 1989, or | 26 | | 1/32 of 80% of the net revenue realized for tax
periods |
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| 1 | | beginning on or after January 1, 1990.
| 2 | | (b-5) As soon as possible after the first day of each | 3 | | month, beginning July 1, 2005, upon certification of the | 4 | | Department of Revenue, the Comptroller shall order | 5 | | transferred, and the Treasurer shall transfer, from the General | 6 | | Revenue Fund to the Downstate Public Transportation Fund, an | 7 | | amount equal to 3/32 of 80% of the net revenue realized from | 8 | | within the boundaries of Monroe and St. Clair Counties under | 9 | | the State Tax Acts specified in subsection (a) of this Section | 10 | | and provided further that, beginning July 1, 2005, the | 11 | | provisions of subsection (b) shall no longer apply with respect | 12 | | to such tax receipts from Monroe and St. Clair Counties.
| 13 | | Notwithstanding any provision of law to the contrary, | 14 | | beginning on July 6, 2017 (the effective date of Public Act | 15 | | 100-23), those amounts required under this subsection (b-5) to | 16 | | be transferred by the Treasurer into the Downstate Public | 17 | | Transportation Fund from the General Revenue Fund shall be | 18 | | directly deposited into the Downstate Public Transportation | 19 | | Fund as the revenues are realized from the taxes indicated. | 20 | | (b-6) As soon as possible after the first day of each | 21 | | month, beginning July 1, 2008, upon certification by the | 22 | | Department of Revenue, the Comptroller shall order transferred | 23 | | and the Treasurer shall transfer, from the General Revenue Fund | 24 | | to the Downstate Public Transportation Fund, an amount equal to | 25 | | 3/32 of 80% of the net revenue realized from within the | 26 | | boundaries of Madison County under the State Tax Acts specified |
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| 1 | | in subsection (a) of this Section and provided further that, | 2 | | beginning July 1, 2008, the provisions of subsection (b) shall | 3 | | no longer apply with respect to such tax receipts from Madison | 4 | | County. | 5 | | Notwithstanding any provision of law to the contrary, | 6 | | beginning on July 6, 2017 (the effective date of Public Act | 7 | | 100-23), those amounts required under this subsection (b-6) to | 8 | | be transferred by the Treasurer into the Downstate Public | 9 | | Transportation Fund from the General Revenue Fund shall be | 10 | | directly deposited into the Downstate Public Transportation | 11 | | Fund as the revenues are realized from the taxes indicated. | 12 | | (b-7) Beginning July 1, 2018, notwithstanding the other | 13 | | provisions of this Section, instead of the Comptroller making | 14 | | monthly transfers from the General Revenue Fund to the | 15 | | Downstate Public Transportation Fund, the Department of | 16 | | Revenue shall deposit the designated fraction of the net | 17 | | revenue realized from collections under the Retailers' | 18 | | Occupation Tax Act, the Service Occupation Tax Act, the Use Tax | 19 | | Act, and the Service Use Tax Act directly into the Downstate | 20 | | Public Transportation Fund. | 21 | | (c) The Department shall certify to the Department of | 22 | | Revenue the
eligible participants under this Article and the | 23 | | territorial boundaries
of such participants for the purposes of | 24 | | the Department of Revenue in
subsections (a) and (b) of this | 25 | | Section.
| 26 | | (d) For the purposes of this Article, beginning in fiscal |
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| 1 | | year 2009 the General Assembly shall appropriate
an amount from | 2 | | the Downstate Public Transportation Fund equal to the sum total | 3 | | funds projected to be paid to the
participants pursuant to | 4 | | Section 2-7. If the General Assembly fails to make | 5 | | appropriations sufficient to cover the amounts projected to be | 6 | | paid pursuant to Section 2-7, this Act shall constitute an | 7 | | irrevocable and continuing appropriation from the Downstate | 8 | | Public Transportation Fund of all amounts necessary for those | 9 | | purposes. | 10 | | (e) Notwithstanding anything in this Section to the | 11 | | contrary, amounts transferred from the General Revenue Fund to | 12 | | the Downstate Public Transportation Fund pursuant to this | 13 | | Section shall not exceed $169,000,000 in State fiscal year | 14 | | 2012. | 15 | | (f) For State fiscal year 2018 only, notwithstanding any | 16 | | provision of law to the contrary, the total amount of revenue | 17 | | and deposits under this Section attributable to revenues | 18 | | realized during State fiscal year 2018 shall be reduced by 10%. | 19 | | (g) For State fiscal year 2019 only, notwithstanding any | 20 | | provision of law to the contrary, the total amount of revenue | 21 | | and deposits under this Section attributable to revenues | 22 | | realized during State fiscal year 2019 shall be reduced by 5%. | 23 | | (h) Commencing with State fiscal year 2021 programs, and | 24 | | for each fiscal year thereafter, all appropriations made under | 25 | | the provisions of this Act are direct appropriations and shall | 26 | | not constitute a grant program. The Department shall approve |
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| 1 | | programs of proposed expenditures and services submitted by | 2 | | participants under the requirements of Sections 2-5 and 2-11.
| 3 | | (Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18; | 4 | | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
| 5 | | (30 ILCS 740/2-4) (from Ch. 111 2/3, par. 664)
| 6 | | Sec. 2-4.
The Department shall establish forms for the | 7 | | reporting
of projected and actual operating deficits and | 8 | | expenses and other required
information by the participants, | 9 | | and has the power to promulgate rules and
regulations for the | 10 | | filing of such reports within the limitations set out
in | 11 | | Sections 2-5, 2-6 and 2-7. Each participant shall be governed | 12 | | by the rules and regulation established under this Section, but | 13 | | for State fiscal year 2021 programs, and for each fiscal year | 14 | | thereafter, no such rule or regulation shall: (1) require or | 15 | | mandate that a participant enter into an agreement or contract | 16 | | with the Department to qualify as a participant or receive | 17 | | funding under this Article; or (2) require or mandate that a | 18 | | participant receive the express approval of its program of | 19 | | proposed expenditures and services by the Department to qualify | 20 | | as a participant or receive funding under this Article after | 21 | | the expiration of the review period established in Section | 22 | | 2-11.
| 23 | | (Source: P.A. 82-783.)
| 24 | | (30 ILCS 740/2-5) (from Ch. 111 2/3, par. 665)
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| 1 | | Sec. 2-5. Applications. | 2 | | (a) Through State fiscal year 2020, each Each participant | 3 | | making application for grants pursuant to this Article
shall | 4 | | submit to the Department at the time of making such | 5 | | application,
on forms provided by the Department: (a) an | 6 | | estimate of projected
operating deficits and a separate | 7 | | statement of eligible
operating
expenses and an estimate of all | 8 | | projected operating income or revenues;
and (b) a program of | 9 | | proposed expenditures; all such submittals to be
for the period | 10 | | of such grant. The program of proposed expenditures shall
be | 11 | | directly related to the operation, maintenance or improvement | 12 | | of an
existing system of public transportation serving the | 13 | | residents of the
participant, and shall include the proposed | 14 | | expenditures for eligible
operating expenses.
| 15 | | For Fiscal Year 1980 grant applications shall be submitted | 16 | | to the Department
within 60 days of the effective date of this | 17 | | amendatory Act of 1979. Beginning
with Fiscal Year 1981 and | 18 | | thereafter, grant applications shall be submitted
to the | 19 | | Department by April 1 of the preceding fiscal year. | 20 | | (b) For Fiscal Year 2021 applications for funding, and for | 21 | | each fiscal year thereafter, each participant shall submit to | 22 | | the Department by April 1 of the preceding fiscal year, a | 23 | | program of proposed expenditures and services on forms provided | 24 | | by the Department, consisting of the following information: (1) | 25 | | an estimate of projected operating deficits and a separate | 26 | | statement of eligible operating expenses and an estimate of all |
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| 1 | | projected operating income or revenues; and (2) a program of | 2 | | proposed expenditures and services; all such submittals to be | 3 | | for the period of such transportation project. The program of | 4 | | proposed expenditures and services shall be directly related to | 5 | | the operation, maintenance, or improvement of an existing | 6 | | system of public transportation serving the residents of the | 7 | | participant, and shall include the proposed expenditures and | 8 | | services for eligible operating expenses.
| 9 | | (Source: P.A. 82-783.)
| 10 | | (30 ILCS 740/2-5.1) | 11 | | Sec. 2-5.1. Additional requirements. | 12 | | (a) Through State fiscal year 2020, any Any unit of local | 13 | | government that becomes a participant on or after the effective | 14 | | date of this amendatory Act of the 94th General Assembly shall, | 15 | | in addition to any other requirements under this Article, meet | 16 | | all of the following requirements when applying for grants | 17 | | under this Article:
| 18 | | (1) The grant application must demonstrate the | 19 | | participant's plan to provide general public | 20 | | transportation with an emphasis on persons with | 21 | | disabilities and elderly and economically disadvantaged | 22 | | populations. | 23 | | (2) The grant application must demonstrate the | 24 | | participant's plan for interagency coordination that, at a | 25 | | minimum, allows the participation of all State-funded and |
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| 1 | | federally-funded agencies and programs with transportation | 2 | | needs in the proposed service area in the development of | 3 | | the applicant's public transportation program. | 4 | | (3) Any participant serving a nonurbanized area that is | 5 | | not receiving Federal Section 5311 funding must meet the | 6 | | operating and safety compliance requirements as set forth | 7 | | in that federal program. | 8 | | (4) The participant is required to hold public hearings | 9 | | to allow comment on the proposed service plan in all | 10 | | municipalities with populations of 1,500 inhabitants or | 11 | | more within the proposed service area. | 12 | | (a-5) Any unit of local government that becomes a | 13 | | participant on or after the effective date of this amendatory | 14 | | Act of the 101st General Assembly shall, in addition to any | 15 | | other requirements under this Article, meet all of the | 16 | | following requirements when applying for the approval of the | 17 | | program of proposed expenditures and services under this | 18 | | Article: | 19 | | (1) The program of proposed expenditures and services | 20 | | must demonstrate the participant's plan to provide general | 21 | | public transportation with an emphasis on persons with | 22 | | disabilities and elderly and economically disadvantaged | 23 | | populations. | 24 | | (2) The program of proposed expenditures and services | 25 | | must demonstrate the participant's plan for interagency | 26 | | coordination that, at a minimum, allows the participation |
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| 1 | | of all State-funded and federally funded agencies and | 2 | | programs with transportation needs in the proposed service | 3 | | area in the development of the applicant's public | 4 | | transportation program. | 5 | | (3) Any participant serving a non-urbanized area that | 6 | | is not receiving Federal Section 5311 Program funding must | 7 | | meet the operating and safety compliance requirements as | 8 | | set forth in that federal program. | 9 | | (4) The participant is required to hold public hearings | 10 | | to allow comment on the proposed service plan in all | 11 | | municipalities with populations of 1,500 inhabitants or | 12 | | more within the proposed service area. | 13 | | (b) Service extensions by any participant after July 1, | 14 | | 2005 by either annexation or intergovernmental agreement must | 15 | | meet the 4 requirements of subsection (a). | 16 | | (c) In order to receive funding, the Department shall | 17 | | certify that the participant has met the requirements of this | 18 | | Section no later than the beginning of the applicable fiscal | 19 | | year . Funding priority shall be given to service extension, | 20 | | multi-county, and multi-jurisdictional projects. | 21 | | (d) The Department shall develop an annual application | 22 | | process for existing or potential participants to request an | 23 | | initial appropriation or an appropriation exceeding the | 24 | | formula amount found in subsection (b-10) of Section 2-7 for | 25 | | funding service in new areas in the next fiscal year. The | 26 | | application shall include, but not be limited to, a description |
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| 1 | | of the new service area, proposed service in the new area, and | 2 | | a budget for providing existing and new service. The Department | 3 | | shall review the application for reasonableness and compliance | 4 | | with the requirements of this Section, and, if it approves the | 5 | | application, shall recommend to the Governor an appropriation | 6 | | for the next fiscal year in an amount sufficient to provide 65% | 7 | | of projected eligible operating expenses associated with a new | 8 | | participant's service area or the portion of an existing | 9 | | participant's service area that has been expanded by annexation | 10 | | or intergovernmental agreement. The recommended appropriation | 11 | | for the next fiscal year may exceed the formula amount found in | 12 | | subsection (b-10) of Section 2-7. | 13 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 14 | | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| 15 | | Sec. 2-7. Quarterly reports; annual audit.
| 16 | | (a) Any Metro-East Transit District participant shall, no
| 17 | | later than 60 days following the end of each quarter
of any | 18 | | fiscal year, file
with the Department on forms provided by the | 19 | | Department for that purpose, a
report of the actual operating | 20 | | deficit experienced during that quarter. The
Department shall, | 21 | | upon receipt of the quarterly report, determine whether
the | 22 | | operating deficits were incurred in conformity with
the program | 23 | | of proposed expenditures and services approved by the | 24 | | Department pursuant to
Section 2-11. Any Metro-East District | 25 | | may either monthly or quarterly for
any fiscal year file a |
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| 1 | | request for the participant's eligible share, as
allocated in | 2 | | accordance with Section 2-6, of the amounts transferred into | 3 | | the
Metro-East Public Transportation Fund.
| 4 | | (b) Each participant other than any Metro-East Transit | 5 | | District
participant shall, 30 days before the end of each | 6 | | quarter, file with the
Department
on forms provided by the | 7 | | Department for such purposes a report of the projected
eligible | 8 | | operating expenses to be incurred in the next quarter and 30 | 9 | | days
before the third and fourth quarters of any fiscal year a | 10 | | statement of actual
eligible operating expenses incurred in the | 11 | | preceding quarters. Except as otherwise provided in subsection | 12 | | (b-5), within
45 days of receipt by the Department of such | 13 | | quarterly report, the Comptroller
shall order paid and the | 14 | | Treasurer shall pay from the Downstate Public
Transportation | 15 | | Fund to each participant an amount equal to one-third of
such | 16 | | participant's eligible operating expenses; provided, however, | 17 | | that in
Fiscal Year 1997, the amount paid to each participant | 18 | | from the
Downstate Public Transportation Fund shall be an | 19 | | amount equal to 47% of
such participant's eligible operating | 20 | | expenses and shall be increased to 49%
in Fiscal Year 1998, 51% | 21 | | in Fiscal Year 1999, 53% in Fiscal Year 2000, 55%
in Fiscal | 22 | | Years
2001 through 2007, and 65% in Fiscal Year 2008 and | 23 | | thereafter; however, in any year that a participant
receives | 24 | | funding under subsection (i) of Section 2705-305 of the | 25 | | Department of
Transportation Law (20 ILCS 2705/2705-305), that | 26 | | participant shall be eligible
only for assistance equal to the |
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| 1 | | following percentage of its eligible operating
expenses: 42% in | 2 | | Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
| 3 | | 1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and | 4 | | thereafter. Any
such payment for the third and fourth quarters | 5 | | of any fiscal year shall be
adjusted to reflect
actual eligible | 6 | | operating expenses for preceding quarters of such fiscal
year. | 7 | | However, no participant shall receive an amount less than that | 8 | | which
was received in the immediate prior year, provided in the | 9 | | event of a
shortfall in the fund those participants receiving | 10 | | less than their full
allocation pursuant to Section 2-6 of this | 11 | | Article shall be the first
participants to receive an amount | 12 | | not less than that received in the
immediate prior year.
| 13 | | (b-5) (Blank.)
| 14 | | (b-10) On July 1, 2008, each participant shall receive an | 15 | | appropriation in an amount equal to 65% of its fiscal year 2008 | 16 | | eligible operating expenses adjusted by the annual 10% increase | 17 | | required by Section 2-2.04 of this Act. In no case shall any | 18 | | participant receive an appropriation that is less than its | 19 | | fiscal year 2008 appropriation. Every fiscal year thereafter, | 20 | | each participant's appropriation shall increase by 10% over the | 21 | | appropriation established for the preceding fiscal year as | 22 | | required by Section 2-2.04 of this Act.
| 23 | | (b-15) Beginning on July 1, 2007, and for each fiscal year | 24 | | thereafter, each participant shall maintain a minimum local | 25 | | share contribution (from farebox and all other local revenues) | 26 | | equal to the actual amount provided in Fiscal Year 2006 or, for |
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| 1 | | new recipients, an amount equivalent to the local share | 2 | | provided in the first year of participation.
The local share | 3 | | contribution shall be reduced by an amount equal to the total | 4 | | amount of lost revenue for services provided under Section | 5 | | 2-15.2 and Section 2-15.3 of this Act. | 6 | | (b-20) Any participant in the Downstate Public | 7 | | Transportation Fund may use State operating assistance funding | 8 | | pursuant to this Section to provide transportation services | 9 | | within any county that is contiguous to its territorial | 10 | | boundaries as defined by the Department and subject to | 11 | | Departmental approval. Any such contiguous-area service | 12 | | provided by a participant after July 1, 2007 must meet the | 13 | | requirements of subsection (a) of Section 2-5.1.
| 14 | | (c) No later than 180 days following the last day of the | 15 | | Fiscal Year each
participant shall provide the Department with | 16 | | an audit prepared by a Certified
Public Accountant covering | 17 | | that Fiscal Year. For those participants other than a | 18 | | Metro-East Transit
District, any discrepancy between the funds | 19 | | grants paid and the
percentage of the eligible operating | 20 | | expenses provided for by paragraph
(b) of this Section shall be | 21 | | reconciled by appropriate payment or credit.
In the case of any | 22 | | Metro-East Transit District, any amount of payments from
the | 23 | | Metro-East Public Transportation Fund which exceed the | 24 | | eligible deficit
of the participant shall be reconciled by | 25 | | appropriate payment or credit.
| 26 | | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; |
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| 1 | | 95-906, eff. 8-26-08.)
| 2 | | (30 ILCS 740/2-9) (from Ch. 111 2/3, par. 669)
| 3 | | Sec. 2-9.
Each program of proposed expenditures and | 4 | | services shall, in the case of a system
of public | 5 | | transportation owned and operated by a participant, undertake
| 6 | | to meet operating deficits directly. The purchase of service | 7 | | agreements with a provider of public transportation services | 8 | | shall constitute an eligible expense Grants to a participant | 9 | | may be made
for services provided through purchase of service | 10 | | agreements with a provider of public
transportation services .
| 11 | | (Source: P.A. 82-783.)
| 12 | | (30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
| 13 | | Sec. 2-10. Cooperative projects. Nothing in this Act shall | 14 | | prohibit any participant from including in a
program of | 15 | | proposed expenditures and services funding for a portion of a | 16 | | cooperative
public transportation project or purpose, the | 17 | | total cost of which is shared
among one or more other | 18 | | participants or other financial contributors, as
long as the | 19 | | residents of the participant are served by any such project or
| 20 | | purpose.
| 21 | | (Source: P.A. 82-783.)
| 22 | | (30 ILCS 740/2-11) (from Ch. 111 2/3, par. 671)
| 23 | | Sec. 2-11.
The Department shall
review and approve or |
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| 1 | | disapprove within 45 days of receipt each program
of proposed | 2 | | expenditures and services submitted by any participant | 3 | | pursuant to the
provisions of Section 2-5. Any program of | 4 | | proposed expenditures and services submitted by a participant | 5 | | that is not expressly approved or disapproved by the Department | 6 | | within 45 days after receipt shall be deemed approved, and the | 7 | | Department shall obligate the appropriation for the funding | 8 | | thereof with and to the Comptroller no later than the | 9 | | commencement of the applicable State fiscal year. The | 10 | | Department may disapprove a
program of proposed expenditures | 11 | | and services or portions thereof only for the
following | 12 | | reasons:
| 13 | | (a) A finding that expenditures are proposed for projects | 14 | | or
purposes which are not in compliance with Section 2-5; or
| 15 | | (b) A finding that expenditures are proposed for projects | 16 | | or
purposes which are in conflict with established | 17 | | comprehensive
transportation plans for a participant or a | 18 | | region of which it is a
part; or
| 19 | | (c) In Fiscal Year 1980, with regard to the participants | 20 | | which have not
received State operating assistance prior to the | 21 | | effective date of this
amendatory Act of 1979, a finding by the | 22 | | Department that a
proposed program submitted by such | 23 | | participant or any portion thereof is
not in the public | 24 | | interest in that levels or kinds of service proposed exceeds
| 25 | | the reasonable needs of the community served by such | 26 | | participant as demonstrated
in the transportation development |
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| 1 | | plan for such community or other studies
and information | 2 | | available to the Department.
| 3 | | (Source: P.A. 82-783.)
| 4 | | (30 ILCS 740/2-12) (from Ch. 111 2/3, par. 672)
| 5 | | Sec. 2-12. Disapproval of program. Upon disapproval of any | 6 | | program of proposed expenditures and services , the Department
| 7 | | shall so notify the chief official of the participant having | 8 | | submitted such
program, setting forth in detail the reasons for | 9 | | such disapproval.
Thereupon, any such participant shall have 45 | 10 | | days from the date of receipt
of such notice of disapproval by | 11 | | the Department to submit to the Department
one or more amended | 12 | | programs of proposed expenditures and services .
| 13 | | (Source: P.A. 82-783.)
| 14 | | (30 ILCS 740/2-13) (from Ch. 111 2/3, par. 673)
| 15 | | Sec. 2-13.
Review
of amended programs.
The Department shall | 16 | | review each amended program of proposed
expenditures and | 17 | | services submitted to it pursuant to the provisions of Section | 18 | | 2-12 and
may disapprove any such amended program of proposed | 19 | | expenditures and services only for
the reasons and in the same | 20 | | fashion set forth in Section 2-11.
| 21 | | (Source: P.A. 82-783.)
| 22 | | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| 23 | | Sec. 2-14. Grants. |
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| 1 | | (a) Upon a determination by the Department that any initial | 2 | | or amended
program of proposed expenditures is in compliance | 3 | | with the provisions of
this Act, and upon approval thereof, the | 4 | | Department shall enter into one or
more grant agreements with | 5 | | and shall make grants to that participant as
necessary to | 6 | | implement the adopted program of expenditures.
| 7 | | (b) All grants by the Department pursuant to this Act shall | 8 | | be
administered upon such conditions as the Secretary of | 9 | | Transportation shall
determine, consistent with the provisions | 10 | | and purpose of this Act. | 11 | | (c) The provisions of this Section shall not apply to, or | 12 | | be of force or effect for, any program of proposed expenditures | 13 | | and services, or the funding therefor, for State fiscal year | 14 | | 2021 and each fiscal year thereafter.
| 15 | | (Source: P.A. 82-783.)
| 16 | | (30 ILCS 740/2-15.2) | 17 | | Sec. 2-15.2. Free services; eligibility. | 18 | | (a) Notwithstanding any law to the contrary, no later than | 19 | | 60 days following the effective date of this amendatory Act of | 20 | | the 95th General Assembly and until subsection (b) is | 21 | | implemented, any fixed route public transportation services | 22 | | provided by, or under grant or purchase of service contracts | 23 | | of, every participant, as defined in Section 2-2.02 (1)(a), | 24 | | shall be provided without charge to all senior citizen | 25 | | residents of the participant aged 65 and older, under such |
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| 1 | | conditions as shall be prescribed by the participant. | 2 | | (b) Notwithstanding any law to the contrary, no later than | 3 | | 180 days following the effective date of this amendatory Act of | 4 | | the 96th General Assembly, but only through State fiscal year | 5 | | 2020, any fixed route public transportation services provided | 6 | | by, or under grant or purchase of service contracts of, every | 7 | | participant, as defined in Section 2-2.02 (1)(a), shall be | 8 | | provided without charge to senior citizens aged 65 and older | 9 | | who meet the income eligibility limitation set forth in | 10 | | subsection (a-5) of Section 4 of the Senior Citizens and | 11 | | Persons with Disabilities Property Tax Relief Act, under such | 12 | | conditions as shall be prescribed by the participant. The | 13 | | Department on Aging shall furnish all information reasonably | 14 | | necessary to determine eligibility, including updated lists of | 15 | | individuals who are eligible for services without charge under | 16 | | this Section. Nothing in this Section shall relieve the | 17 | | participant from providing reduced fares as may be required by | 18 | | federal law. | 19 | | (c) Notwithstanding any law to the contrary, commencing | 20 | | with State fiscal year 2021 programs, any fixed route public | 21 | | transportation services provided by, or State funded or | 22 | | purchase of service contract of, every participant, as defined | 23 | | in item (a) of paragraph (1) of Section 2-2.02, shall be | 24 | | provided without charge to senior citizens aged 65 and older | 25 | | who meet the income eligibility limitation set forth in | 26 | | subsection (a-5) of Section 4 of the Senior Citizens and |
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| 1 | | Persons with Disabilities Property Tax Relief Act, under | 2 | | conditions as shall be prescribed by the participant. The | 3 | | Department on Aging shall furnish all information reasonably | 4 | | necessary to determine eligibility, including updated lists of | 5 | | individuals who are eligible for services without charge under | 6 | | this Section. Nothing in this Section shall relieve the | 7 | | participant from providing reduced fares as may be required by | 8 | | federal law.
| 9 | | (Source: P.A. 99-143, eff. 7-27-15.) | 10 | | (30 ILCS 740/2-15.3)
| 11 | | Sec. 2-15.3. Transit services for individuals with | 12 | | disabilities. | 13 | | (a) Notwithstanding any law to the contrary, no later than | 14 | | 60 days following the effective date of this amendatory Act of | 15 | | the 95th General Assembly, but only through State fiscal year | 16 | | 2020, all fixed route public transportation services provided | 17 | | by, or under grant or purchase of service contract of, any | 18 | | participant shall be provided without charge to all persons | 19 | | with disabilities who meet the income eligibility limitation | 20 | | set forth in subsection (a-5) of Section 4 of the Senior | 21 | | Citizens and Persons with Disabilities Property Tax Relief Act, | 22 | | under such procedures as shall be prescribed by the | 23 | | participant. The Department on Aging shall furnish all | 24 | | information reasonably necessary to determine eligibility, | 25 | | including updated lists of individuals who are eligible for |
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| 1 | | services without charge under this Section. | 2 | | (b) Notwithstanding any law to the contrary, commencing | 3 | | with State fiscal year 2021 programs, all fixed route public | 4 | | transportation services provided by, or State funded or | 5 | | purchase of service contract of, any participant shall be | 6 | | provided without charge to all persons with disabilities who | 7 | | meet the income eligibility limitation set forth in subsection | 8 | | (a-5) of Section 4 of the Senior Citizens and Persons with | 9 | | Disabilities Property Tax Relief Act, under procedures as shall | 10 | | be prescribed by the participant. The Department on Aging shall | 11 | | furnish all information reasonably necessary to determine | 12 | | eligibility, including updated lists of individuals who are | 13 | | eligible for services without charge under this Section.
| 14 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 15 | | (30 ILCS 740/2-17) (from Ch. 111 2/3, par. 678)
| 16 | | Sec. 2-17.
County authorization to provide public
| 17 | | transportation and to receive funds from appropriations to | 18 | | apply for funding grants in connection therewith.
(a) Any | 19 | | county or counties may, by ordinance, operate or otherwise
| 20 | | provide for public transportation within such county or | 21 | | counties. In order
to so provide for such public | 22 | | transportation, any county or counties may
enter into | 23 | | agreements with any individual, corporation or other person or
| 24 | | private or public entity to operate or otherwise assist in the | 25 | | provision of
such public transportation services. Upon the |
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| 1 | | execution of an agreement for
the operation of such public | 2 | | transportation, the operator shall file 3
copies of such | 3 | | agreement certified by the clerk of the county executing the
| 4 | | same with the Illinois Commerce Commission. Thereafter the | 5 | | Illinois
Commerce Commission shall enter an order directing | 6 | | compliance by the
operator with the provisions of Sections 55a | 7 | | and 55b of "An Act concerning
public utilities", approved June | 8 | | 28, 1921, as amended.
| 9 | | (b) Any county may apply for, accept and expend moneys | 10 | | grants , loans or other
funds from the State of Illinois or any | 11 | | department or agency thereof, from
any unit of local | 12 | | government, from the federal government or any department
or | 13 | | agency thereof, or from any other person or entity, for use in
| 14 | | connection with any public transportation provided pursuant to | 15 | | this Section.
| 16 | | (Source: P.A. 82-783.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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