Full Text of HB0388 94th General Assembly
HB0388 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0388
Introduced 1/25/2005, by Rep. Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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30 ILCS 740/2-2.02 |
from Ch. 111 2/3, par. 662.02 |
30 ILCS 740/2-2.04 |
from Ch. 111 2/3, par. 662.04 |
30 ILCS 740/2-3 |
from Ch. 111 2/3, par. 663 |
30 ILCS 740/2-6 |
from Ch. 111 2/3, par. 666 |
30 ILCS 740/2-7 |
from Ch. 111 2/3, par. 667 |
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Amends the Downstate Public Transportation Act. Provides that a municipality or local mass transit district serving a nonurbanized area and receiving federal rural public transportation assistance on or before December 31, 2003 (instead of June 30, 2002) is a "participant" for public transportation assistance. Beginning July 1, 2005, increases the amount paid by the Department of Revenue into the Downstate Public Transportation Fund each month to 3/32 (now 2/32) of 80% of the net revenue realized under certain State tax Acts within any municipality or county located within the boundaries of each participant in the Fund. Requires the Department of Revenue to allocate the entire amount paid into the the Metro-East Public Transportation Fund to the District serving primarily the County of Madison (now, 55% is allocated to the District serving primarily the counties of Monroe and St. Clair and 45% is allocated to the District serving primarily the County of Madison). Provides that, beginning July 1, 2005, with respect to the District serving primarily the counties of Monroe and St. Clair: (i) the District is no longer included for new appropriation funding purposes as part of the Metro-East Public Transportation Fund and is instead included for new appropriation funding purposes as part of the Downstate Public Transportation Fund, provided that the District remains eligible for previously appropriated funds to which it would otherwise be entitled; (ii) the amount transferred from the General Revenue Fund to the Downstate Public Transportation Fund shall be 3/32 (now, 2/32) of 80% of the net revenue realized from within the boundaries of Monroe and St. Clair counties under certain State tax Acts; (iii) certain provisions with respect to allocations to Metro-East Mass Transit Districts of the amount paid into the Metro-East Public Transportation Fund do not apply to the District serving primarily the counties of Monroe and St. Clair with respect to fiscal year 2006 and succeeding fiscal years; and (iv) authorizes the District to file a request each fiscal year for a monthly payment of 1/12 of the amount appropriated for that fiscal year, except that the total amount of payments in a fiscal year shall 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. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0388 |
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LRB094 05697 AJO 35748 b |
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| AN ACT concerning transportation.
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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 | 5 |
| amended by changing Sections 2-2.02, 2-2.04, 2-3, 2-6, and 2-7 | 6 |
| 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, or a local mass | 10 |
| transit district organized under the Local Mass Transit
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| District Act (a) serving an urbanized area of over 50,000 | 12 |
| population on
December 28, 1989, (b) receiving State mass | 13 |
| transportation operating assistance
pursuant to the Downstate | 14 |
| Public Transportation Act during Fiscal Year 1979, or
(c) | 15 |
| serving a nonurbanized area and receiving federal rural public
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| transportation assistance on or before December 31, 2003
June | 17 |
| 30, 2002 ; or
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| (2) any Metro-East Transit District established
pursuant | 19 |
| to Section 3 of the Local Mass Transit District Act and serving | 20 |
| one or
more of the Counties of Madison, Monroe, and St. Clair | 21 |
| during Fiscal Year 1989,
all located outside the boundaries of | 22 |
| the Regional Transportation Authority as
established pursuant | 23 |
| 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; | 25 |
| 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 | 28 |
| expenses required
for public transportation, including | 29 |
| employee wages and benefits,
materials, fuels, supplies, | 30 |
| rental of facilities, taxes other than income
taxes, payment | 31 |
| made for debt service (including principal and interest) on
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HB0388 |
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| publicly owned equipment or facilities, and any other | 2 |
| expenditure which is
an operating expense according to standard | 3 |
| accounting practices for the
providing of public | 4 |
| transportation. Eligible operating expenses shall not
include | 5 |
| allowances: (a) for depreciation whether funded or unfunded; | 6 |
| (b)
for amortization of any intangible costs; (c) for debt | 7 |
| service on capital
acquired with the assistance of capital | 8 |
| grant funds provided by the State
of Illinois; (d) for profits | 9 |
| or return on investment; (e) for excessive
payment to | 10 |
| associated entities; (f) for Comprehensive Employment Training
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| Act expenses; (g) for costs reimbursed under Sections 6 and 8 | 12 |
| of the "Urban
Mass Transportation Act of 1964", as amended; (h) | 13 |
| for entertainment
expenses; (i) for charter expenses; (j) for | 14 |
| fines and penalties; (k) for
charitable donations; (l) for | 15 |
| interest expense on long term borrowing and
debt retirement | 16 |
| other than on publicly owned equipment or facilities; (m)
for | 17 |
| income taxes; or (n) for such other expenses as the Department | 18 |
| may
determine consistent with federal Department of | 19 |
| Transportation regulations
or requirements.
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| With respect to participants other than any Metro-East | 21 |
| Transit District
participant and those receiving federal | 22 |
| research development and demonstration
funds pursuant to | 23 |
| Section 6 of the "Urban Mass Transportation Act of 1964",
as | 24 |
| amended, during the fiscal year ending June 30, 1979, the | 25 |
| maximum eligible
operating expenses for any such participant in | 26 |
| any fiscal year after Fiscal
Year 1980 shall be the amount | 27 |
| appropriated for such participant for the
fiscal year ending | 28 |
| June 30, 1980, plus in each year a 10% increase over
the | 29 |
| maximum established for the preceding fiscal year. For Fiscal | 30 |
| Year
1980 the maximum eligible operating expenses for any such | 31 |
| participant shall
be the amount of projected operating expenses | 32 |
| upon which the appropriation
for such participant for Fiscal | 33 |
| Year 1980 is based.
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| With respect to participants receiving federal research | 35 |
| development and
demonstration operating assistance funds for | 36 |
| operating assistance pursuant
to Section 6 of the "Urban Mass |
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HB0388 |
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| Transportation Act of 1964", as amended,
during the fiscal year | 2 |
| ending June 30, 1979, the maximum eligible operating
expenses | 3 |
| for any such participant in any fiscal year after Fiscal Year | 4 |
| 1980
shall not exceed such participant's eligible operating | 5 |
| expenses for the
fiscal year ending June 30, 1980, plus in each | 6 |
| year a 10% increase over
the maximum established for the | 7 |
| preceding fiscal year. For Fiscal Year
1980, the maximum | 8 |
| eligible operating expenses for any such participant shall
be | 9 |
| the eligible operating expenses incurred during such fiscal | 10 |
| year, or
projected operating expenses upon which the | 11 |
| appropriation for such participant
for the Fiscal Year 1980 is | 12 |
| based; whichever is less.
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| With respect to all participants other than any Metro-East | 14 |
| Transit
District participant, the maximum eligible operating | 15 |
| expenses for any such
participant in any fiscal year after | 16 |
| Fiscal Year 1985 shall be the amount
appropriated for such | 17 |
| participant for the fiscal year ending June 30, 1985,
plus in | 18 |
| each year a 10% increase over the maximum established for the | 19 |
| preceding
year. For Fiscal Year 1985, the maximum eligible | 20 |
| operating expenses for
any such participant shall be the amount | 21 |
| of projected operating expenses
upon which the appropriation | 22 |
| for such participant for Fiscal Year 1985 is
based.
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| With respect to any mass transit district participant that | 24 |
| has increased
its district boundaries by annexing counties | 25 |
| since 1998 and is maintaining a
level of local financial | 26 |
| support, including all income and revenues, equal to
or greater | 27 |
| than the level in the State fiscal year ending June 30, 2001, | 28 |
| the
maximum eligible operating expenses for any State fiscal | 29 |
| year after 2002 shall
be the amount appropriated for that | 30 |
| participant for the State fiscal year
ending June 30, 2002, | 31 |
| plus, in each State fiscal year, a 10% increase over the
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| preceding State fiscal year. For State fiscal year 2002, the | 33 |
| maximum eligible
operating expenses for any such participant | 34 |
| shall be the amount of projected
operating expenses upon which | 35 |
| the appropriation for that participant for State
fiscal year | 36 |
| 2002 is based. For that participant, eligible operating |
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| expenses
for State fiscal year 2002 in excess of the eligible | 2 |
| operating expenses for the
State fiscal year ending June 30, | 3 |
| 2001, plus 10%, must be attributed to the
provision of services | 4 |
| in the newly annexed counties.
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| With respect to a participant that receives an initial | 6 |
| appropriation in State
fiscal year 2002, the maximum eligible | 7 |
| operating expenses for any State fiscal
year after 2003 shall | 8 |
| be the amount appropriated for that participant for the
State | 9 |
| fiscal year ending June 30, 2003, plus, in each year, a 10% | 10 |
| increase over
the preceding year. For State fiscal year 2003, | 11 |
| the maximum eligible operating
expenses for any such | 12 |
| participant shall be the amount of projected operating
expenses | 13 |
| upon which the appropriation for that participant for State | 14 |
| fiscal
year 2003 is based.
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| With respect to the District serving primarily the counties | 16 |
| of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | 17 |
| County Transit District shall no longer be included for new | 18 |
| appropriation funding purposes as part of the Metro-East Public | 19 |
| Transportation Fund and instead shall be included for new | 20 |
| appropriation funding purposes as part of the Downstate Public | 21 |
| Transportation Fund; provided, however, that nothing herein | 22 |
| shall alter the eligibility of such District for previously | 23 |
| 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; | 25 |
| 92-651, eff.
7-11-02.)
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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 | 28 |
| each month,
beginning July 1, 1984, upon certification of the | 29 |
| Department of Revenue,
the Comptroller shall order | 30 |
| transferred, and the Treasurer shall
transfer, from the General | 31 |
| Revenue Fund to a special fund in the State
Treasury which is | 32 |
| hereby created, to be known as the "Downstate Public
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| Transportation Fund", an amount equal to 2/32 (beginning July | 34 |
| 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | 35 |
| Occupation Tax Act", as now or hereafter
amended, the "Service |
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HB0388 |
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LRB094 05697 AJO 35748 b |
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| Occupation Tax Act", as now or hereafter amended,
the "Use Tax | 2 |
| Act", as now or hereafter amended, and the "Service Use Tax
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| Act", as now or hereafter amended, from persons incurring | 4 |
| municipal or
county retailers' or service occupation tax | 5 |
| liability for the benefit of
any municipality or county located | 6 |
| wholly within the boundaries of each
participant other than any | 7 |
| Metro-East Transit District participant
certified pursuant to | 8 |
| subsection (c) of this Section during the
preceding month, | 9 |
| except that the Department shall pay into the Downstate
Public | 10 |
| Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | 11 |
| of the net revenue realized under
the State tax Acts named | 12 |
| above within any municipality or county located
wholly within | 13 |
| the boundaries of each participant, other than any Metro-East
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| participant, for tax periods beginning on or after January 1, | 15 |
| 1990;
provided, however, that beginning with fiscal year 1985,
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| the transfers into the Downstate Public Transportation Fund | 17 |
| during any
fiscal year shall not exceed the annual | 18 |
| appropriation from the Downstate
Public Transportation Fund | 19 |
| for that year. The Department of Transportation
shall notify | 20 |
| 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 | 22 |
| from the
Downstate Public Transportation Fund.
Net revenue | 23 |
| realized for a month shall be the revenue
collected by the | 24 |
| State pursuant to such Acts during the previous month
from | 25 |
| persons incurring municipal or county retailers' or service
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| occupation tax liability for the benefit of any municipality or | 27 |
| county
located wholly within the boundaries of a participant, | 28 |
| less the amount
paid out during that same month as refunds or | 29 |
| credit memoranda to
taxpayers for overpayment of liability | 30 |
| under such Acts for the benefit
of any municipality or county | 31 |
| located wholly within the boundaries of a
participant.
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| (b) As soon as possible after the first day of each month, | 33 |
| beginning
July 1, 1989, upon certification of the Department of | 34 |
| Revenue, the
Comptroller shall order transferred, and the | 35 |
| Treasurer shall transfer, from
the General Revenue Fund to a | 36 |
| special fund in the State Treasury which is
hereby created, to |
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HB0388 |
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| be known as the "Metro-East Public Transportation Fund",
an | 2 |
| amount equal to 2/32 of the net revenue realized, as above, | 3 |
| from within
the boundaries of Madison , Monroe and St. Clair | 4 |
| Counties, except that the
Department shall pay into the | 5 |
| Metro-East Public Transportation Fund 2/32 of
80% of the net | 6 |
| revenue realized under the State tax Acts specified in
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| subsection (a) of this Section within the boundaries of
Madison | 8 |
| , Monroe and St. Clair Counties for tax periods beginning on or
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| after January 1, 1990. A local match
equivalent to an amount | 10 |
| which could be raised by a tax levy at the rate of
.05% on the | 11 |
| assessed value of property within the boundaries of Madison | 12 |
| County
,
Monroe and St. Clair Counties is required annually to | 13 |
| cause a total of 2/32
of the net revenue to be deposited in the | 14 |
| Metro-East Public Transportation
Fund. Failure to raise the | 15 |
| required local match annually shall result in
only 1/32 being | 16 |
| deposited into the Metro-East Public Transportation Fund
after | 17 |
| July 1, 1989, or 1/32 of 80% of the net revenue realized for | 18 |
| 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 | 20 |
| month, beginning July 1, 2005, upon certification of the | 21 |
| Department of Revenue, the Comptroller shall order | 22 |
| transferred, and the Treasurer shall transfer, from the General | 23 |
| Revenue Fund to the Downstate Public Transportation Fund, an | 24 |
| amount equal to 3/32 of 80% of the net revenue realized from | 25 |
| within the boundaries of Monroe and St. Clair Counties under | 26 |
| the State tax Acts specified in subsection (a) of this Section | 27 |
| and provided further that, beginning July 1, 2005, the | 28 |
| provisions of subsection (b) shall no longer apply with respect | 29 |
| to such tax receipts from Monroe and St. Clair Counties.
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| (c) The Department shall certify to the Department of | 31 |
| Revenue the
eligible participants under this Article and the | 32 |
| territorial boundaries
of such participants for the purposes of | 33 |
| the Department of Revenue in
subsections (a) and (b) of this | 34 |
| Section.
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| (d) For the purposes of this Article the Department shall | 36 |
| include in
its annual request for appropriation of ordinary and |
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| contingent expenses
an amount equal to the sum total funds | 2 |
| projected to be paid to the
participants pursuant to Section | 3 |
| 2-7.
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| (e) In addition to any other permitted use of moneys in the | 5 |
| Fund, and
notwithstanding any restriction on the use of the | 6 |
| Fund, moneys in the
Downstate Public Transportation
Fund may be | 7 |
| 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 | 9 |
| existed in
the Fund on July 30, 1991, and the Governor's order | 10 |
| of July 30, 1991,
and the Governor's order of July 30, 1991, | 11 |
| requesting the Comptroller and
Treasurer to transfer an amount | 12 |
| 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 740/2-6) (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 | 17 |
| Metro-East
Transit District participant, the Department shall | 18 |
| allocate the funds to be
made available to each participant | 19 |
| under this Article for the following
fiscal year and shall | 20 |
| notify the chief official of each participant not
later than | 21 |
| the first day of the fiscal year of this amount. For Fiscal | 22 |
| Year
1975, notification shall be made not later than January 1, | 23 |
| 1975, of the
amount of such allocation. In determining the | 24 |
| allocation for each
participant, the Department shall estimate | 25 |
| the funds available to the
participant from the Downstate | 26 |
| Public Transportation Fund for the purposes
of this Article | 27 |
| during the succeeding fiscal year, and shall allocate to
each | 28 |
| participant the amount attributable to it which shall be the | 29 |
| amount
paid into the Downstate Public Transportation Fund under | 30 |
| Section 2-3 from
within its boundaries. Said allocations may be | 31 |
| exceeded for participants
receiving assistance equal to | 32 |
| one-third of their eligible
operating expenses, only if an | 33 |
| allocation is less than one-third of such
participant's | 34 |
| eligible operating expenses, provided, however, that no other
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| participant is denied its one-third of eligible operating |
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| expenses. Beginning
in Fiscal Year 1997, said allocation may be | 2 |
| exceeded for
participants receiving
assistance equal to the | 3 |
| percentage of their eligible operating
expenses provided for in | 4 |
| paragraph (b) of Section 2-7, only if
allocation is less than | 5 |
| the percentage of such participant's
eligible operating | 6 |
| expenses provided for in paragraph (b) of Section 2-7,
provided | 7 |
| however, that no other participant is denied its percentage
of | 8 |
| eligible
operating expenses.
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| (b) With regard to any Metro-East Transit District | 10 |
| organized under the
Local Mass Transit District Act and serving | 11 |
| one or more of the Counties of
Madison, Monroe and St. Clair | 12 |
| during Fiscal Year 1989, the Department shall
allocate the | 13 |
| funds to be made available to each participant for the
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| following and succeeding fiscal years and shall notify the | 15 |
| chief official
of each participant not later than the first day | 16 |
| 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 | 19 |
| primarily the
Counties of Monroe and St. Clair and 45% of the | 20 |
| amount to that District
serving primarily the County of | 21 |
| 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 | 27 |
| fiscal year, file
with the Department on forms provided by the | 28 |
| Department for that purpose, a
report of the actual operating | 29 |
| deficit experienced during that quarter. The
Department shall, | 30 |
| upon receipt of the quarterly report, determine whether
the | 31 |
| operating deficits were incurred in conformity with
the program | 32 |
| of proposed expenditures approved by the Department pursuant to
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| Section 2-11. Any Metro-East District may either monthly or | 34 |
| quarterly for
any fiscal year file a request for the | 35 |
| participant's eligible share, as
allocated in accordance with |
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HB0388 |
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| Section 2-6, of the amounts transferred into the
Metro-East | 2 |
| Public Transportation Fund.
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| (b) Each participant other than any Metro-East Transit | 4 |
| District
participant shall, 30 days before the end of each | 5 |
| quarter, file with the
Department
on forms provided by the | 6 |
| Department for such purposes a report of the projected
eligible | 7 |
| operating expenses to be incurred in the next quarter and 30 | 8 |
| days
before the third and fourth quarters of any fiscal year a | 9 |
| statement of actual
eligible operating expenses incurred in the | 10 |
| preceding quarters. Except as otherwise provided in subsection | 11 |
| (b-5), within
Within
45 days of receipt by the Department of | 12 |
| such quarterly report, the Comptroller
shall order paid and the | 13 |
| Treasurer shall pay from the Downstate Public
Transportation | 14 |
| Fund to each participant an amount equal to one-third of
such | 15 |
| participant's eligible operating expenses; provided, however, | 16 |
| that in
Fiscal Year 1997, the amount paid to each participant | 17 |
| from the
Downstate Public Transportation Fund shall be an | 18 |
| amount equal to 47% of
such participant's eligible operating | 19 |
| expenses and shall be increased to 49%
in Fiscal Year 1998, 51% | 20 |
| in Fiscal Year 1999, 53% in Fiscal Year 2000, and 55%
in Fiscal | 21 |
| Year 2001 and thereafter; however, in any year that a | 22 |
| participant
receives funding under subsection (i) of Section | 23 |
| 2705-305 of the Department of
Transportation Law (20 ILCS | 24 |
| 2705/2705-305), that participant shall be eligible
only for | 25 |
| assistance equal to the following percentage of its eligible | 26 |
| operating
expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year | 27 |
| 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year 2000, and 50% | 28 |
| in Fiscal Year 2001 and thereafter. Any
such payment for the | 29 |
| third and fourth quarters of any fiscal year shall be
adjusted | 30 |
| to reflect
actual eligible operating expenses for preceding | 31 |
| quarters of such fiscal
year. However, no participant shall | 32 |
| receive an amount less than that which
was received in the | 33 |
| immediate prior year, provided in the event of a
shortfall in | 34 |
| the fund those participants receiving less than their full
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| allocation pursuant to Section 2-6 of this Article shall be the | 36 |
| first
participants to receive an amount not less than that |
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HB0388 |
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| received in the
immediate prior year.
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| (b-5) With respect to the District serving primarily the | 3 |
| counties of Monroe and St. Clair, beginning July 1, 2005 and | 4 |
| each fiscal year thereafter, the District may file a request | 5 |
| with the Department for a monthly payment of 1/12 of the amount | 6 |
| appropriated to the District for that fiscal year; except that, | 7 |
| for the final month of the fiscal year, the District's request | 8 |
| shall be in an amount such that the total payments made to the | 9 |
| District in that fiscal year do not exceed the lesser of (i) | 10 |
| 55% of the District's eligible operating expenses for that | 11 |
| fiscal year or (ii) the total amount appropriated to the | 12 |
| District for that fiscal year.
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| (c) No later than 180 days following the last day of the | 14 |
| Fiscal Year each
participant shall provide the Department with | 15 |
| an audit prepared by a Certified
Public Accountant covering | 16 |
| that Fiscal Year. For those participants other than a | 17 |
| Metro-East Transit
District, any discrepancy between the | 18 |
| grants paid and the
percentage of the eligible operating | 19 |
| expenses provided for by paragraph
(b) of this Section shall be | 20 |
| reconciled by appropriate payment or credit.
In the case of any | 21 |
| Metro-East Transit District, any amount of payments from
the | 22 |
| Metro-East Public Transportation Fund which exceed the | 23 |
| eligible deficit
of the participant shall be reconciled by | 24 |
| 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, | 26 |
| 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 | 28 |
| becoming law.
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