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92nd General Assembly

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Public Act 92-0464

SB103 Enrolled                                 LRB9201942SMdv

    AN ACT to amend the Downstate Public  Transportation  Act
by changing Sections 2-2.02, 2-2.04, and 2-7.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Downstate Public Transportation Act is
amended by changing  Sections  2-2.02,  2-2.04,  and  2-7  as
follows:

    (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
    Sec. 2-2.02. "Participant" means:
    (1)  a  city,  village,  or incorporated town, or a local
mass transit district organized under the Local Mass  Transit
District  Act  (a)  serving  an urbanized area of over 50,000
population on December 28, 1989,  (b)  receiving  State  mass
transportation operating assistance pursuant to the Downstate
Public  Transportation  Act  during  Fiscal Year 1979, or (c)
serving a  nonurbanized  area  and  receiving  federal  rural
public  transportation  assistance on or before June 30, 2002
on the effective date of this amendatory Act of 1993; or
    (2)  any Metro-East Transit District established pursuant
to Section 3 of the  Local  Mass  Transit  District  Act  and
serving  one  or more of the Counties of Madison, Monroe, and
St. Clair during Fiscal Year 1989, all  located  outside  the
boundaries   of  the  Regional  Transportation  Authority  as
established pursuant to the Regional Transportation Authority
Act.
(Source: P.A. 91-357, eff. 7-29-99.)

    (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
    Sec. 2-2.04.  "Eligible  operating  expenses"  means  all
expenses   required   for  public  transportation,  including
employee wages  and  benefits,  materials,  fuels,  supplies,
rental  of facilities, taxes other than income taxes, payment
made for debt service (including principal and  interest)  on
publicly   owned  equipment  or  facilities,  and  any  other
expenditure  which  is  an  operating  expense  according  to
standard accounting practices for  the  providing  of  public
transportation. Eligible operating expenses shall not include
allowances:  (a) for depreciation whether funded or unfunded;
(b) for amortization of any intangible costs;  (c)  for  debt
service  on  capital  acquired with the assistance of capital
grant funds provided  by  the  State  of  Illinois;  (d)  for
profits or return on investment; (e) for excessive payment to
associated   entities;   (f)   for  Comprehensive  Employment
Training  Act  expenses;  (g)  for  costs  reimbursed   under
Sections  6  and  8  of the "Urban Mass Transportation Act of
1964", as amended;  (h) for entertainment expenses;  (i)  for
charter  expenses;  (j)  for  fines  and  penalties;  (k) for
charitable donations; (l) for interest expense on  long  term
borrowing  and  debt  retirement other than on publicly owned
equipment or facilities; (m) for income  taxes;  or  (n)  for
such   other   expenses   as  the  Department  may  determine
consistent  with   federal   Department   of   Transportation
regulations or requirements.
    With  respect  to  participants other than any Metro-East
Transit District  participant  and  those  receiving  federal
research  development  and  demonstration  funds  pursuant to
Section 6 of the "Urban Mass Transportation Act of 1964",  as
amended,  during  the  fiscal  year ending June 30, 1979, the
maximum eligible operating expenses for any such  participant
in any fiscal year after Fiscal Year 1980 shall be the amount
appropriated  for such participant for the fiscal year ending
June 30, 1980, plus in each year  a  10%  increase  over  the
maximum  established  for  the  preceding  fiscal  year.  For
Fiscal Year 1980 the maximum eligible operating expenses  for
any  such  participant  shall  be  the  amount  of  projected
operating  expenses  upon  which  the  appropriation for such
participant for Fiscal Year 1980 is based.
    With respect to participants receiving  federal  research
development  and demonstration operating assistance funds for
operating assistance pursuant to Section 6 of the "Urban Mass
Transportation Act of 1964", as amended,  during  the  fiscal
year  ending  June  30,  1979, the maximum eligible operating
expenses for any such participant in any  fiscal  year  after
Fiscal Year 1980 shall not exceed such participant's eligible
operating  expenses for the fiscal year ending June 30, 1980,
plus in each year a 10% increase over the maximum established
for the preceding fiscal year.  For  Fiscal  Year  1980,  the
maximum  eligible operating expenses for any such participant
shall be the eligible operating expenses incurred during such
fiscal year, or projected operating expenses upon  which  the
appropriation  for  such participant for the Fiscal Year 1980
is based; whichever is less.
    With  respect  to  all  participants   other   than   any
Metro-East Transit District participant, the maximum eligible
operating  expenses  for  any  such participant in any fiscal
year after Fiscal Year 1985 shall be the amount  appropriated
for  such  participant  for  the  fiscal year ending June 30,
1985, plus in each year  a  10%  increase  over  the  maximum
established for the preceding year. For Fiscal Year 1985, the
maximum  eligible operating expenses for any such participant
shall be the amount  of  projected  operating  expenses  upon
which  the appropriation for such participant for Fiscal Year
1985 is based.
    With respect to any  mass  transit  district  participant
that  has  increased  its  district  boundaries  by  annexing
counties  since  1998  and  is  maintaining  a level of local
financial support, including all income and  revenues,  equal
to  or greater than the level in the State fiscal year ending
June 30, 2001, the maximum eligible  operating  expenses  for
any  State  fiscal  year  after  2002  shall  be  the  amount
appropriated  for  that participant for the State fiscal year
ending June 30, 2002, plus, in each State fiscal year, a  10%
increase  over  the  preceding  State fiscal year.  For State
fiscal year 2002, the maximum eligible operating expenses for
any  such  participant  shall  be  the  amount  of  projected
operating expenses upon  which  the  appropriation  for  that
participant  for  State  fiscal year 2002 is based.  For that
participant, eligible operating  expenses  for  State  fiscal
year  2002  in  excess of the eligible operating expenses for
the State fiscal year ending June 30, 2001,  plus  10%,  must
be  attributed  to  the  provision  of  services in the newly
annexed counties.
    With respect to a participant that  receives  an  initial
appropriation in State fiscal year 2002, the maximum eligible
operating expenses for any State fiscal year after 2003 shall
be the amount appropriated for that participant for the State
fiscal  year  ending June 30, 2003, plus, in each year, a 10%
increase over the preceding  year.   For  State  fiscal  year
2003,  the  maximum  eligible operating expenses for any such
participant  shall  be  the  amount  of  projected  operating
expenses upon which the appropriation  for  that  participant
for State fiscal year 2003 is based.
    The 10% maximum increase over the amount appropriated for
the   preceding   year,   however,  may  be  exceeded  for  a
participant that received an initial appropriation in  Fiscal
Year  1994  or Fiscal Year 1998.  For any such participant, a
10% maximum increase over  the  amount  appropriated  in  the
preceding   year  is  established  in  each  subsequent  year
following the Fiscal Year when  the  amount  appropriated  is
equal  to or greater than the maximum allowable under Section
2-7 of this Act.
(Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.)
    (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
    Sec. 2-7. Quarterly reports; annual audit.
    (a)  Any Metro-East Transit District  participant  shall,
no  later  than  60 30 days following the end of each quarter
month of any fiscal year, file with the Department  on  forms
provided  by the Department for that purpose, a report of the
actual operating deficit  experienced  during  that  quarter.
The  Department  shall, upon receipt of the quarterly report,
determine  whether  the  and  upon  determining   that   such
operating   deficits  were  incurred  in  conformity with the
program of proposed expenditures approved by  the  Department
pursuant to Section 2-11.  Any Metro-East District may either
monthly  or  quarterly for any fiscal year file a request for
the participant's eligible share, as allocated in  accordance
with  Section  2-6,  of  the  amounts  transferred  into  the
Metro-East  Public Transportation Fund, pay to any Metro-East
Transit District participant such portion of  such  operating
deficit  as  funds  have  been  transferred to the Metro-East
Transit Public Transportation  Fund  and  allocated  to  that
Metro-East Transit District participant.
    (b)  Each  participant  other than any Metro-East Transit
District participant shall, 30 days before the  end  of  each
quarter,  file  with  the Department on forms provided by the
Department for  such  purposes  a  report  of  the  projected
eligible  operating  expenses  to  be  incurred  in  the next
quarter and 30 days before the third and fourth  quarters  of
any  fiscal  year  a  statement  of actual eligible operating
expenses incurred in the preceding quarters.  Within 45  days
of  receipt  by  the Department of such quarterly report, the
Comptroller shall order paid and the Treasurer shall pay from
the Downstate Public Transportation Fund to each  participant
an  amount  equal to one-third of such participant's eligible
operating expenses; provided, however, that  in  Fiscal  Year
1997,  the amount paid to each participant from the Downstate
Public Transportation Fund shall be an amount equal to 47% of
such participant's eligible operating expenses and  shall  be
increased  to  49%  in  Fiscal  Year 1998, 51% in Fiscal Year
1999, 53% in Fiscal Year 2000, and 55% in  Fiscal  Year  2001
and  thereafter;  however,  in  any  year  that a participant
receives funding under subsection (i) of Section 2705-305  of
the Department of Transportation Law (20 ILCS 2705/2705-305),
that  participant shall be eligible only for assistance equal
to  the  following  percentage  of  its  eligible   operating
expenses:  42%  in Fiscal Year 1997, 44% in Fiscal Year 1998,
46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50%  in
Fiscal  Year  2001  and thereafter.  Any such payment for the
third and  fourth  quarters  of  any  fiscal  year  shall  be
adjusted  to  reflect  actual eligible operating expenses for
preceding  quarters  of  such  fiscal   year.   However,   no
participant  shall receive an amount less than that which was
received in the immediate prior year, provided in  the  event
of  a shortfall in the fund those participants receiving less
than their full allocation pursuant to Section  2-6  of  this
Article  shall be the first participants to receive an amount
not less than that received in the immediate prior year.
    (c)  No later than 180 days following the last day of the
Fiscal Year each participant  shall  provide  the  Department
with  an  audit  prepared  by  a  Certified Public Accountant
covering that  Fiscal  Year.   Any  discrepancy  between  the
grants  paid and one-third of the eligible operating expenses
or in the  case  of  the  Bi-State  Metropolitan  Development
District  the  approved program amount shall be reconciled by
appropriate payment or credit. Beginning in Fiscal Year 1985,
For  those  participants  other  than  a  Metro-East  Transit
District the Bi-State Metropolitan Development District,  any
discrepancy between the grants paid and the percentage of the
eligible  operating expenses provided for by paragraph (b) of
this Section shall be reconciled by  appropriate  payment  or
credit.  In  the case of any Metro-East Transit District, any
amount of payments from the Metro-East Public  Transportation
Fund  which  exceed  the  eligible deficit of the participant
shall be reconciled by appropriate payment or credit.
(Source: P.A. 91-239,  eff.  1-1-00;  91-357,  eff.  7-29-99;
revised 8-9-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 31, 2001.
    Approved August 22, 2001.
    Effective August 22, 2001.

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