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92_HB0185enr HB0185 Enrolled LRB9202705DHcs 1 AN ACT concerning public 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, and 2-7 as 6 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, or a local 10 mass transit district organized under the Local Mass Transit 11 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 16 public transportation assistance on or before June 30, 2002 17on the effective date of this amendatory Act of 1993; or 18 (2) any Metro-East Transit District established pursuant 19 to Section 3 of the Local Mass Transit District Act and 20 serving one or more of the Counties of Madison, Monroe, and 21 St. Clair during Fiscal Year 1989, all located outside the 22 boundaries of the Regional Transportation Authority as 23 established pursuant to the Regional Transportation Authority 24 Act. 25 (Source: P.A. 91-357, eff. 7-29-99.) 26 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04) 27 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 HB0185 Enrolled -2- LRB9202705DHcs 1 made for debt service (including principal and interest) on 2 publicly owned equipment or facilities, and any other 3 expenditure which is an operating expense according to 4 standard accounting practices for the providing of public 5 transportation. Eligible operating expenses shall not include 6 allowances: (a) for depreciation whether funded or unfunded; 7 (b) for amortization of any intangible costs; (c) for debt 8 service on capital acquired with the assistance of capital 9 grant funds provided by the State of Illinois; (d) for 10 profits or return on investment; (e) for excessive payment to 11 associated entities; (f) for Comprehensive Employment 12 Training Act expenses; (g) for costs reimbursed under 13 Sections 6 and 8 of the "Urban Mass Transportation Act of 14 1964", as amended; (h) for entertainment expenses; (i) for 15 charter expenses; (j) for fines and penalties; (k) for 16 charitable donations; (l) for interest expense on long term 17 borrowing and debt retirement other than on publicly owned 18 equipment or facilities; (m) for income taxes; or (n) for 19 such other expenses as the Department may determine 20 consistent with federal Department of Transportation 21 regulations or requirements. 22 With respect to participants other than any Metro-East 23 Transit District participant and those receiving federal 24 research development and demonstration funds pursuant to 25 Section 6 of the "Urban Mass Transportation Act of 1964", as 26 amended, during the fiscal year ending June 30, 1979, the 27 maximum eligible operating expenses for any such participant 28 in any fiscal year after Fiscal Year 1980 shall be the amount 29 appropriated for such participant for the fiscal year ending 30 June 30, 1980, plus in each year a 10% increase over the 31 maximum established for the preceding fiscal year. For 32 Fiscal Year 1980 the maximum eligible operating expenses for 33 any such participant shall be the amount of projected 34 operating expenses upon which the appropriation for such HB0185 Enrolled -3- LRB9202705DHcs 1 participant for Fiscal Year 1980 is based. 2 With respect to participants receiving federal research 3 development and demonstration operating assistance funds for 4 operating assistance pursuant to Section 6 of the "Urban Mass 5 Transportation Act of 1964", as amended, during the fiscal 6 year ending June 30, 1979, the maximum eligible operating 7 expenses for any such participant in any fiscal year after 8 Fiscal Year 1980 shall not exceed such participant's eligible 9 operating expenses for the fiscal year ending June 30, 1980, 10 plus in each year a 10% increase over the maximum established 11 for the preceding fiscal year. For Fiscal Year 1980, the 12 maximum eligible operating expenses for any such participant 13 shall be the eligible operating expenses incurred during such 14 fiscal year, or projected operating expenses upon which the 15 appropriation for such participant for the Fiscal Year 1980 16 is based; whichever is less. 17 With respect to all participants other than any 18 Metro-East Transit District participant, the maximum eligible 19 operating expenses for any such participant in any fiscal 20 year after Fiscal Year 1985 shall be the amount appropriated 21 for such participant for the fiscal year ending June 30, 22 1985, plus in each year a 10% increase over the maximum 23 established for the preceding year. For Fiscal Year 1985, the 24 maximum eligible operating expenses for any such participant 25 shall be the amount of projected operating expenses upon 26 which the appropriation for such participant for Fiscal Year 27 1985 is based. 28 The 10% maximum increase over the amount appropriated for 29 the preceding year, however, may be exceeded for a 30 participant that received an initial appropriation in Fiscal 31 Year 1994,orFiscal Year 1998, or Fiscal Year 2002. For any 32 such participant, a 10% maximum increase over the amount 33 appropriated in the preceding year is established in each 34 subsequent year following the Fiscal Year when the amount HB0185 Enrolled -4- LRB9202705DHcs 1 appropriated is equal to or greater than the maximum 2 allowable under Section 2-7 of this Act. 3 (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.) 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, 7 no later than 6030days following the end of each quarter 8monthof any fiscal year, file with the Department on forms 9 provided by the Department for that purpose, a report of the 10 actual operating deficit experienced during that quarter. 11 The Department shall, upon receipt of the quarterly report, 12 determine whether theand upon determining that such13 operating deficits were incurred in conformity with the 14 program of proposed expenditures approved by the Department 15 pursuant to Section 2-11. Any Metro-East District may either 16 monthly or quarterly for any fiscal year file a request for 17 the participant's eligible share, as allocated in accordance 18 with Section 2-6, of the amounts transferred into the 19 Metro-East Public Transportation Fund, pay to any Metro-East20Transit District participant such portion of such operating21deficit as funds have been transferred to the Metro-East22Transit Public Transportation Fund and allocated to that23Metro-East Transit District participant. 24 (b) Each participant other than any Metro-East Transit 25 District participant shall, 30 days before the end of each 26 quarter, file with the Department on forms provided by the 27 Department for such purposes a report of the projected 28 eligible operating expenses to be incurred in the next 29 quarter and 30 days before the third and fourth quarters of 30 any fiscal year a statement of actual eligible operating 31 expenses incurred in the preceding quarters. Within 45 days 32 of receipt by the Department of such quarterly report, the 33 Comptroller shall order paid and the Treasurer shall pay from HB0185 Enrolled -5- LRB9202705DHcs 1 the Downstate Public Transportation Fund to each participant 2 an amount equal to one-third of such participant's eligible 3 operating expenses; provided, however, that in Fiscal Year 4 1997, the amount paid to each participant from the Downstate 5 Public Transportation Fund shall be an amount equal to 47% of 6 such participant's eligible operating expenses and shall be 7 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 8 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 9 and thereafter; however, in any year that a participant 10 receives funding under subsection (i) of Section 2705-305 of 11 the Department of Transportation Law (20 ILCS 2705/2705-305), 12 that participant shall be eligible only for assistance equal 13 to the following percentage of its eligible operating 14 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 15 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in 16 Fiscal Year 2001 and thereafter. Any such payment for the 17 third and fourth quarters of any fiscal year shall be 18 adjusted to reflect actual eligible operating expenses for 19 preceding quarters of such fiscal year. However, no 20 participant shall receive an amount less than that which was 21 received in the immediate prior year, provided in the event 22 of a shortfall in the fund those participants receiving less 23 than their full allocation pursuant to Section 2-6 of this 24 Article shall be the first participants to receive an amount 25 not less than that received in the immediate prior year. 26 (c) No later than 180 days following the last day of the 27 Fiscal Year each participant shall provide the Department 28 with an audit prepared by a Certified Public Accountant 29 covering that Fiscal Year.Any discrepancy between the30grants paid and one-third of the eligible operating expenses31or in the case of the Bi-State Metropolitan Development32District the approved program amount shall be reconciled by33appropriate payment or credit. Beginning in Fiscal Year 1985,34 For those participants other than a Metro-East Transit HB0185 Enrolled -6- LRB9202705DHcs 1 Districtthe Bi-State Metropolitan Development District, any 2 discrepancy between the grants paid and the percentage of the 3 eligible operating expenses provided for by paragraph (b) of 4 this Section shall be reconciled by appropriate payment or 5 credit. In the case of any Metro-East Transit District, any 6 amount of payments from the Metro-East Public Transportation 7 Fund which exceed the eligible deficit of the participant 8 shall be reconciled by appropriate payment or credit. 9 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 10 revised 8-9-99.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.