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| [ House Amendment 002 ] |
92_SB0103enr SB103 Enrolled LRB9201942SMdv 1 AN ACT to amend the Downstate Public Transportation Act 2 by changing Sections 2-2.02, 2-2.04, and 2-7. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Downstate Public Transportation Act is 6 amended by changing Sections 2-2.02, 2-2.04, and 2-7 as 7 follows: 8 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) 9 Sec. 2-2.02. "Participant" means: 10 (1) a city, village, or incorporated town, or a local 11 mass transit district organized under the Local Mass Transit 12 District Act (a) serving an urbanized area of over 50,000 13 population on December 28, 1989, (b) receiving State mass 14 transportation operating assistance pursuant to the Downstate 15 Public Transportation Act during Fiscal Year 1979, or (c) 16 serving a nonurbanized area and receiving federal rural 17 public transportation assistance on or before June 30, 2002 18on the effective date of this amendatory Act of 1993; or 19 (2) any Metro-East Transit District established pursuant 20 to Section 3 of the Local Mass Transit District Act and 21 serving one or more of the Counties of Madison, Monroe, and 22 St. Clair during Fiscal Year 1989, all located outside the 23 boundaries of the Regional Transportation Authority as 24 established pursuant to the Regional Transportation Authority 25 Act. 26 (Source: P.A. 91-357, eff. 7-29-99.) 27 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04) 28 Sec. 2-2.04. "Eligible operating expenses" means all 29 expenses required for public transportation, including 30 employee wages and benefits, materials, fuels, supplies, SB103 Enrolled -2- LRB9201942SMdv 1 rental of facilities, taxes other than income taxes, payment 2 made for debt service (including principal and interest) on 3 publicly owned equipment or facilities, and any other 4 expenditure which is an operating expense according to 5 standard accounting practices for the providing of public 6 transportation. Eligible operating expenses shall not include 7 allowances: (a) for depreciation whether funded or unfunded; 8 (b) for amortization of any intangible costs; (c) for debt 9 service on capital acquired with the assistance of capital 10 grant funds provided by the State of Illinois; (d) for 11 profits or return on investment; (e) for excessive payment to 12 associated entities; (f) for Comprehensive Employment 13 Training Act expenses; (g) for costs reimbursed under 14 Sections 6 and 8 of the "Urban Mass Transportation Act of 15 1964", as amended; (h) for entertainment expenses; (i) for 16 charter expenses; (j) for fines and penalties; (k) for 17 charitable donations; (l) for interest expense on long term 18 borrowing and debt retirement other than on publicly owned 19 equipment or facilities; (m) for income taxes; or (n) for 20 such other expenses as the Department may determine 21 consistent with federal Department of Transportation 22 regulations or requirements. 23 With respect to participants other than any Metro-East 24 Transit District participant and those receiving federal 25 research development and demonstration funds pursuant to 26 Section 6 of the "Urban Mass Transportation Act of 1964", as 27 amended, during the fiscal year ending June 30, 1979, the 28 maximum eligible operating expenses for any such participant 29 in any fiscal year after Fiscal Year 1980 shall be the amount 30 appropriated for such participant for the fiscal year ending 31 June 30, 1980, plus in each year a 10% increase over the 32 maximum established for the preceding fiscal year. For 33 Fiscal Year 1980 the maximum eligible operating expenses for 34 any such participant shall be the amount of projected SB103 Enrolled -3- LRB9201942SMdv 1 operating expenses upon which the appropriation for such 2 participant for Fiscal Year 1980 is based. 3 With respect to participants receiving federal research 4 development and demonstration operating assistance funds for 5 operating assistance pursuant to Section 6 of the "Urban Mass 6 Transportation Act of 1964", as amended, during the fiscal 7 year ending June 30, 1979, the maximum eligible operating 8 expenses for any such participant in any fiscal year after 9 Fiscal Year 1980 shall not exceed such participant's eligible 10 operating expenses for the fiscal year ending June 30, 1980, 11 plus in each year a 10% increase over the maximum established 12 for the preceding fiscal year. For Fiscal Year 1980, the 13 maximum eligible operating expenses for any such participant 14 shall be the eligible operating expenses incurred during such 15 fiscal year, or projected operating expenses upon which the 16 appropriation for such participant for the Fiscal Year 1980 17 is based; whichever is less. 18 With respect to all participants other than any 19 Metro-East Transit District participant, the maximum eligible 20 operating expenses for any such participant in any fiscal 21 year after Fiscal Year 1985 shall be the amount appropriated 22 for such participant for the fiscal year ending June 30, 23 1985, plus in each year a 10% increase over the maximum 24 established for the preceding year. For Fiscal Year 1985, the 25 maximum eligible operating expenses for any such participant 26 shall be the amount of projected operating expenses upon 27 which the appropriation for such participant for Fiscal Year 28 1985 is based. 29 With respect to any mass transit district participant 30 that has increased its district boundaries by annexing 31 counties since 1998 and is maintaining a level of local 32 financial support, including all income and revenues, equal 33 to or greater than the level in the State fiscal year ending 34 June 30, 2001, the maximum eligible operating expenses for SB103 Enrolled -4- LRB9201942SMdv 1 any State fiscal year after 2002 shall be the amount 2 appropriated for that participant for the State fiscal year 3 ending June 30, 2002, plus, in each State fiscal year, a 10% 4 increase over the preceding State fiscal year. For State 5 fiscal year 2002, the maximum eligible operating expenses for 6 any such participant shall be the amount of projected 7 operating expenses upon which the appropriation for that 8 participant for State fiscal year 2002 is based. For that 9 participant, eligible operating expenses for State fiscal 10 year 2002 in excess of the eligible operating expenses for 11 the State fiscal year ending June 30, 2001, plus 10%, must 12 be attributed to the provision of services in the newly 13 annexed counties. 14 With respect to a participant that receives an initial 15 appropriation in State fiscal year 2002, the maximum eligible 16 operating expenses for any State fiscal year after 2003 shall 17 be the amount appropriated for that participant for the State 18 fiscal year ending June 30, 2003, plus, in each year, a 10% 19 increase over the preceding year. For State fiscal year 20 2003, the maximum eligible operating expenses for any such 21 participant shall be the amount of projected operating 22 expenses upon which the appropriation for that participant 23 for State fiscal year 2003 is based. 24The 10% maximum increase over the amount appropriated for25the preceding year, however, may be exceeded for a26participant that received an initial appropriation in Fiscal27Year 1994 or Fiscal Year 1998. For any such participant, a2810% maximum increase over the amount appropriated in the29preceding year is established in each subsequent year30following the Fiscal Year when the amount appropriated is31equal to or greater than the maximum allowable under Section322-7 of this Act.33 (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.) SB103 Enrolled -5- LRB9201942SMdv 1 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 2 Sec. 2-7. Quarterly reports; annual audit. 3 (a) Any Metro-East Transit District participant shall, 4 no later than 6030days following the end of each quarter 5monthof any fiscal year, file with the Department on forms 6 provided by the Department for that purpose, a report of the 7 actual operating deficit experienced during that quarter. 8 The Department shall, upon receipt of the quarterly report, 9 determine whether theand upon determining that such10 operating deficits were incurred in conformity with the 11 program of proposed expenditures approved by the Department 12 pursuant to Section 2-11. Any Metro-East District may either 13 monthly or quarterly for any fiscal year file a request for 14 the participant's eligible share, as allocated in accordance 15 with Section 2-6, of the amounts transferred into the 16 Metro-East Public Transportation Fund, pay to any Metro-East17Transit District participant such portion of such operating18deficit as funds have been transferred to the Metro-East19Transit Public Transportation Fund and allocated to that20Metro-East Transit District participant. 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 24 Department for such purposes a report of the projected 25 eligible operating expenses to be incurred in the next 26 quarter and 30 days before the third and fourth quarters of 27 any fiscal year a statement of actual eligible operating 28 expenses incurred in the preceding quarters. Within 45 days 29 of receipt by the Department of such quarterly report, the 30 Comptroller shall order paid and the Treasurer shall pay from 31 the Downstate Public Transportation Fund to each participant 32 an amount equal to one-third of such participant's eligible 33 operating expenses; provided, however, that in Fiscal Year 34 1997, the amount paid to each participant from the Downstate SB103 Enrolled -6- LRB9201942SMdv 1 Public Transportation Fund shall be an amount equal to 47% of 2 such participant's eligible operating expenses and shall be 3 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 4 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 5 and thereafter; however, in any year that a participant 6 receives funding under subsection (i) of Section 2705-305 of 7 the Department of Transportation Law (20 ILCS 2705/2705-305), 8 that participant shall be eligible only for assistance equal 9 to the following percentage of its eligible operating 10 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 11 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in 12 Fiscal Year 2001 and thereafter. Any such payment for the 13 third and fourth quarters of any fiscal year shall be 14 adjusted to reflect actual eligible operating expenses for 15 preceding quarters of such fiscal year. However, no 16 participant shall receive an amount less than that which was 17 received in the immediate prior year, provided in the event 18 of a shortfall in the fund those participants receiving less 19 than their full allocation pursuant to Section 2-6 of this 20 Article shall be the first participants to receive an amount 21 not less than that received in the immediate prior year. 22 (c) No later than 180 days following the last day of the 23 Fiscal Year each participant shall provide the Department 24 with an audit prepared by a Certified Public Accountant 25 covering that Fiscal Year.Any discrepancy between the26grants paid and one-third of the eligible operating expenses27or in the case of the Bi-State Metropolitan Development28District the approved program amount shall be reconciled by29appropriate payment or credit. Beginning in Fiscal Year 1985,30 For those participants other than a Metro-East Transit 31 Districtthe Bi-State Metropolitan Development District, any 32 discrepancy between the grants paid and the percentage of the 33 eligible operating expenses provided for by paragraph (b) of 34 this Section shall be reconciled by appropriate payment or SB103 Enrolled -7- LRB9201942SMdv 1 credit. In the case of any Metro-East Transit District, any 2 amount of payments from the Metro-East Public Transportation 3 Fund which exceed the eligible deficit of the participant 4 shall be reconciled by appropriate payment or credit. 5 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 6 revised 8-9-99.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.