Full Text of HB4990 102nd General Assembly
HB4990enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 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 Section 2-7 as follows:
| 6 | | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| 7 | | Sec. 2-7. Quarterly reports; annual audit.
| 8 | | (a) Any Metro-East Transit District participant shall, no
| 9 | | later than 60 days following the end of each quarter
of any | 10 | | fiscal year, file
with the Department on forms provided by the | 11 | | Department for that purpose, a
report of the actual operating | 12 | | deficit experienced during that quarter. The
Department shall, | 13 | | upon receipt of the quarterly report, determine whether
the | 14 | | operating deficits were incurred in conformity with
the | 15 | | program of proposed expenditures and services approved by the | 16 | | Department pursuant to
Section 2-11. Any Metro-East District | 17 | | may either monthly or quarterly for
any fiscal year file a | 18 | | request for the participant's eligible share, as
allocated in | 19 | | accordance with Section 2-6, of the amounts transferred into | 20 | | the
Metro-East Public Transportation Fund.
| 21 | | (b) Each participant other than any Metro-East Transit | 22 | | District
participant shall, 30 days before the end of each | 23 | | quarter, file with the
Department
on forms provided by the |
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| 1 | | Department for such purposes a report of the projected
| 2 | | eligible operating expenses to be incurred in the next quarter | 3 | | and 30 days
before the third and fourth quarters of any fiscal | 4 | | year a statement of actual
eligible operating expenses | 5 | | incurred in the preceding quarters. Except as otherwise | 6 | | provided in subsection (b-5), within
45 days of receipt by the | 7 | | Department of such quarterly report, the Comptroller
shall | 8 | | order paid and the Treasurer shall pay from the Downstate | 9 | | Public
Transportation Fund to each participant an amount equal | 10 | | to one-third of
such participant's eligible operating | 11 | | expenses; provided, however, that in
Fiscal Year 1997, the | 12 | | amount paid to each participant from the
Downstate Public | 13 | | Transportation Fund shall be an amount equal to 47% of
such | 14 | | participant's eligible operating expenses and shall be | 15 | | increased to 49%
in Fiscal Year 1998, 51% in Fiscal Year 1999, | 16 | | 53% in Fiscal Year 2000, 55%
in Fiscal Years
2001 through 2007, | 17 | | and 65% in Fiscal Year 2008 and thereafter; however, in any | 18 | | year that a participant
receives funding under subsection (i) | 19 | | of Section 2705-305 of the Department of
Transportation Law | 20 | | (20 ILCS 2705/2705-305), that participant shall be eligible
| 21 | | only for assistance equal to the following percentage of its | 22 | | eligible operating
expenses: 42% in Fiscal Year 1997, 44% in | 23 | | Fiscal Year 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year | 24 | | 2000, and 50% in Fiscal Year 2001 and thereafter. Any
such | 25 | | payment for the third and fourth quarters of any fiscal year | 26 | | shall be
adjusted to reflect
actual eligible operating |
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| 1 | | expenses for preceding quarters of such fiscal
year. However, | 2 | | no participant shall receive an amount less than that which
| 3 | | was received in the immediate prior year, provided in the | 4 | | event of a
shortfall in the fund those participants receiving | 5 | | less than their full
allocation pursuant to Section 2-6 of | 6 | | this Article shall be the first
participants to receive an | 7 | | amount not less than that received in the
immediate prior | 8 | | year.
| 9 | | (b-5) (Blank.)
| 10 | | (b-10) On July 1, 2008, each participant shall receive an | 11 | | appropriation in an amount equal to 65% of its fiscal year 2008 | 12 | | eligible operating expenses adjusted by the annual 10% | 13 | | increase required by Section 2-2.04 of this Act. In no case | 14 | | shall any participant receive an appropriation that is less | 15 | | than its fiscal year 2008 appropriation. Every fiscal year | 16 | | thereafter, each participant's appropriation shall increase by | 17 | | 10% over the appropriation established for the preceding | 18 | | fiscal year as required by Section 2-2.04 of this Act.
| 19 | | (b-15) Beginning on July 1, 2007, and for each fiscal year | 20 | | thereafter, each participant shall maintain a minimum local | 21 | | share contribution (from farebox and all other local revenues) | 22 | | equal to the actual amount provided in Fiscal Year 2006 or, for | 23 | | new recipients, an amount equivalent to the local share | 24 | | provided in the first year of participation.
The local share | 25 | | contribution shall be reduced by an amount equal to the total | 26 | | amount of lost revenue for services provided under Section |
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| 1 | | 2-15.2 and Section 2-15.3 of this Act. | 2 | | (b-20) Any participant in the Downstate Public | 3 | | Transportation Fund may use State operating assistance funding | 4 | | pursuant to this Section to provide transportation services | 5 | | within any county that is contiguous to its territorial | 6 | | boundaries as defined by the Department and subject to | 7 | | Departmental approval. Any such contiguous-area service | 8 | | provided by a participant after July 1, 2007 must meet the | 9 | | requirements of subsection (a) of Section 2-5.1.
| 10 | | (c) No later than 180 days following the last day of the | 11 | | participant's Fiscal Year each
participant shall provide the | 12 | | Department with an audit prepared by a Certified
Public | 13 | | Accountant covering that Fiscal Year. For those participants | 14 | | other than a Metro-East Transit
District, any discrepancy | 15 | | between the funds paid and the
percentage of the eligible | 16 | | operating expenses provided for by paragraph
(b) of this | 17 | | Section shall be reconciled by appropriate payment or credit.
| 18 | | In the case of any Metro-East Transit District, any amount of | 19 | | payments from
the Metro-East Public Transportation Fund which | 20 | | exceed the eligible deficit
of the participant shall be | 21 | | reconciled by appropriate payment or credit. | 22 | | (d) Upon the Department's final reconciliation | 23 | | determination that
identifies a discrepancy between the | 24 | | Downstate Operating
Assistance Program funds paid and the | 25 | | percentage of the eligible
operating expenses which results in | 26 | | a reimbursement payment due
to the Department, the participant |
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| 1 | | shall remit the reimbursement
payment to the Department no | 2 | | later than 90 days after written
notification. | 3 | | (e) Funds received by the Department from participants for
| 4 | | reimbursement as a result of an over payment from a prior State
| 5 | | fiscal year shall be deposited into the Downstate Public
| 6 | | Transportation Fund in the fiscal year in which they are | 7 | | received
and all unspent funds shall roll to following fiscal | 8 | | years. | 9 | | (f) Upon the Department's final reconciliation | 10 | | determination that
identifies a discrepancy between the | 11 | | Downstate Operating
Assistance Program funds paid and the | 12 | | percentage of the eligible
operating expenses which results in | 13 | | a reimbursement payment due
to the participant, the Department | 14 | | shall remit the reimbursement
payment to the participant no | 15 | | later than 90 days after written
notifications.
| 16 | | (Source: P.A. 102-626, eff. 8-27-21.)
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