30 ILCS 740/2-3
2021 Illinois Compiled Statutes|Chapter 30 - FINANCE|30 ILCS 740/ - Downstate Public Transportation Act.|Article II - Downstate Public Transportation Assistance

 (from Ch. 111 2/3, par. 663)Sec. 2-3. (a) As soon as possible after the first day of each month,  beginning July 1, 1984, upon certification of the Department of Revenue,  the Comptroller shall order transferred, and the Treasurer shall  transfer, from the General Revenue Fund to a special fund in the State  Treasury which is hereby created, to be known as the Downstate  Public  Transportation Fund, an amount equal to 2/32 (beginning July 1, 2005, 3/32) of the net revenue  realized from the Retailers' Occupation Tax Act, the Service Occupation Tax Act,  the Use Tax Act, and the Service Use Tax  Act from persons incurring municipal or  county retailers' or service occupation tax liability for the benefit of  any municipality or county located wholly within the boundaries of each  participant, other than any Metro-East Transit District participant  certified pursuant to subsection (c) of this Section during the  preceding month, except that the Department shall pay into the Downstate  Public Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% of the net revenue realized under  the State tax Acts named above within any municipality or county located  wholly within the boundaries of each participant, other than any Metro-East  participant, for tax periods beginning on or after January 1, 1990.  Net revenue realized for a month shall be the revenue  collected by the State pursuant to such Acts during the previous month  from persons incurring municipal or county retailers' or service  occupation tax liability for the benefit of any municipality or county  located wholly within the boundaries of a participant, less the amount  paid out during that same month as refunds or credit memoranda to  taxpayers for overpayment of liability under such Acts for the benefit  of any municipality or county located wholly within the boundaries of a  participant.Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this subsection (a) to be transferred by the Treasurer into the Downstate Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Downstate Public Transportation Fund as the revenues are realized from the taxes indicated.(b) As soon as possible after the first day of each month, beginning  July 1, 1989, upon certification of the Department of Revenue, the  Comptroller shall order transferred, and the Treasurer shall transfer, from  the General Revenue Fund to a special fund in the State Treasury which is  hereby created, to be known as the Metro-East Public Transportation Fund,  an amount equal to 2/32 of the net revenue realized, as above, from within  the boundaries of Madison, Monroe, and St. Clair Counties, except that the  Department shall pay into the Metro-East Public Transportation Fund 2/32 of  80% of the net revenue realized under the State tax Acts specified in  subsection (a) of this Section within the boundaries of  Madison, Monroe and St. Clair Counties for tax periods beginning on or  after January 1, 1990.  A local match  equivalent to an amount which could be raised by a tax levy at the rate of  .05% on the assessed value of property within the boundaries of Madison County is required annually to cause a total of 2/32  of the net revenue to be deposited in the Metro-East Public Transportation  Fund.  Failure to raise the required local match annually shall result in  only 1/32 being deposited into the Metro-East Public Transportation Fund  after July 1, 1989, or 1/32 of 80% of the net revenue realized for tax  periods beginning on or after January 1, 1990.(b-5) As soon as possible after the first day of each month, beginning July 1, 2005, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, from the General Revenue Fund to the Downstate Public Transportation Fund, an amount equal to 3/32 of 80% of the net revenue realized from within the boundaries of Monroe and St. Clair Counties under the State Tax Acts specified in subsection (a) of this Section and provided further that, beginning July 1, 2005, the provisions of subsection (b) shall no longer apply with respect to such tax receipts from Monroe and St. Clair Counties.Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this subsection (b-5) to be transferred by the Treasurer into the Downstate Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Downstate Public Transportation Fund as the revenues are realized from the taxes indicated.(b-6) As soon as possible after the first day of each month, beginning July 1, 2008, upon certification by the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer, from the General Revenue Fund to the Downstate Public Transportation Fund, an amount equal to 3/32 of 80% of the net revenue realized from within the boundaries of Madison County under the State Tax Acts specified in subsection (a) of this Section and provided further that, beginning July 1, 2008, the provisions of subsection (b) shall no longer apply with respect to such tax receipts from Madison County.Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this subsection (b-6) to be transferred by the Treasurer into the Downstate Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Downstate Public Transportation Fund as the revenues are realized from the taxes indicated.(b-7) Beginning July 1, 2018, notwithstanding the other provisions of this Section, instead of the Comptroller making monthly transfers from the General Revenue Fund to the Downstate Public Transportation Fund, the Department of Revenue shall deposit the designated fraction of the net revenue realized from collections under the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Use Tax Act, and the Service Use Tax Act directly into the Downstate Public Transportation Fund.(c) The Department shall certify to the Department of Revenue the  eligible participants under this Article and the territorial boundaries  of such participants for the purposes of the Department of Revenue in  subsections (a) and (b) of this Section.(d) For the purposes of this Article, beginning in fiscal year 2009 the General Assembly shall appropriate  an amount from the Downstate Public Transportation Fund equal to the sum total of funds projected to be paid to the  participants pursuant to Section 2-7. If the General Assembly fails to make appropriations sufficient to cover the amounts projected to be paid pursuant to Section 2-7, this Act shall constitute an irrevocable and continuing appropriation from the Downstate Public Transportation Fund of all amounts necessary for those purposes.(e) (Blank).(f) (Blank).(g) (Blank).(h) For State fiscal year 2020 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2020 shall be reduced by 5%.(i)   For State fiscal year 2021 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2021 shall be reduced by 5%.(j) Commencing with State fiscal year 2022 programs, and for each fiscal year thereafter, all appropriations made under the provisions of this Act shall not constitute a grant program subject to the requirements of the Grant Accountability and Transparency Act. The Department shall approve programs of proposed expenditures and services submitted by participants under the requirements of Sections 2-5 and 2-11. (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 102-626, eff. 8-27-21.)