2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 740/ - Downstate Public Transportation Act. › Article III - Nonurbanized Area Public Transportation Assistance

(30 ILCS 740/Art. III heading)
ARTICLE III.  
		NONURBANIZED AREA PUBLIC
TRANSPORTATION ASSISTANCE
(30 ILCS 740/3-1) (from Ch. 111 2/3, par. 681)
Sec. 3-1. 
		
		As used in this Article, unless the context clearly
requires otherwise, the following words and phrases have the meanings ascribed
to them in Sections 3-1.01 through 3-1.09.
(Source: P.A. 83-1471.)
(30 ILCS 740/3-1.01) (from Ch. 111 2/3, par. 682)
Sec. 3-1.01. 
		
		"Department" means the Illinois Department of
Transportation.
(Source: P.A. 82-783.)
(30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683)
Sec. 3-1.02. 
		
		"Participant" means any county located outside the boundaries
of the Regional Transportation Authority as established under the Regional
Transportation Authority Act and outside the Bi-State Metropolitan Development
District established under an Act approved July 26, 1949, except that
beginning, July 1, 1987 the counties within the boundaries of the Bi-State
Metropolitan Development District may be eligible for capital assistance only,
or within such county any municipality with 20,000 or more population that is
not included in an urbanized area or the boundaries of a local mass transit
district; or within such county any municipality with 20,000 or less population
receiving State mass transportation operating assistance under the Downstate
Public Transportation Act during Fiscal Year 1979; or within such county or
counties a local mass transit district organized under the local Mass Transit
District Act which is not included in an urbanized area or the boundaries of a
local mass transit district which includes an urbanized area; provided,
however, that no such entity shall be eligible to participate unless it agrees
to adhere to the regulations and requirements of the Secretary of
Transportation of the federal Department of Transportation affecting Section 18
assistance or any other conditions as deemed reasonable and necessary by the
Illinois Department of Transportation.
(Source: P.A. 87-1235.)
(30 ILCS 740/3-1.03) (from Ch. 111 2/3, par. 684)
Sec. 3-1.03. 
		
		"Operating deficits" means the amount by which
eligible operating expenses exceed revenues from nonreimbursable fares,
rental of properties, advertising, and any other amounts collected or received
in the process of providing public transportation under this Article which,
under standard accounting practices for the providing of public transportation
are properly
classified as operating revenue or operating income attributable to providing
public transportation under this Article.  For purposes of determining operating
deficits, operating revenue or operating income shall not include such funds
as the Department may determine consistent with federal Department of Transportation
regulations and requirements affecting Section 18.
(Source: P.A. 82-783.)
(30 ILCS 740/3-1.04) (from Ch. 111 2/3, par. 685)
Sec. 3-1.04. 
		
		"Eligible operating expenses" means those expenses
required to provide public transportation, including
drivers wages and benefits, mechanics wages and benefits, contract
maintenance services, materials and supplies directly related to transit
and maintenance of vehicles, fuels and lubricants, rentals or leases of
vehicles, taxes other than income taxes, payment made for debt service
(including principal and interest) on publicly owned equipment and
facilities, and any other expenditure which is an operating expense
according to standard accounting practices for the providing of public
transportation and which is not defined as an "eligible administrative
expense" by Section 3-1.09 of this Article.
"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 investments; (e) for excessive payment to
associated entities; (f) for cost reimbursed under Sections 6
and 8 of the
"Urban Mass Transportation Act of 1964", as amended; (g) for entertainment
expenses; (h) for charter expenses; (i) for fines and penalties; (j) for
charitable donations; (k) for interest expense on long term borrowing and
debt retirement other than on publicly owned equipment or facilities; (l)
for income taxes; (m) for expenses defined as "eligible administrative
expenses" in Section 3-1.09 of this Article; or (n) for such other expenses
as the Department may determine consistent with federal Department of
Transportation regulations and requirements.
(Source: P.A. 91-357, eff. 7-29-99.)
(30 ILCS 740/3-1.05) (from Ch. 111 2/3, par. 686)
Sec. 3-1.05. 
		
		"Public Transportation" means the transportation
or conveyance of persons within nonurbanized areas within the service area
of each participant as approved by the Department by means available to
the general public or
groups of the general public with special needs.
(Source: P.A. 82-783.)
(30 ILCS 740/3-1.06) (from Ch. 111 2/3, par. 687)
Sec. 3-1.06. 
		
		"Fiscal Year" means the fiscal year of the State
of Illinois from July 1 to the next succeeding June 30 unless the intention
is clearly stated to mean another fiscal year.
(Source: P.A. 82-783.)
(30 ILCS 740/3-1.07) (from Ch. 111 2/3, par. 688)
Sec. 3-1.07. 
		
		"Section 18" means Section 18 of the "Urban
Mass Transportation Act of 1964", as amended.
(Source: P.A. 82-783.)
(30 ILCS 740/3-1.08) (from Ch. 111 2/3, par. 689)
Sec. 3-1.08. 
		
		"Capital expenses" means any expenditure of
monies for equipment or facilities necessary for provision of public transportation
services.
(Source: P.A. 82-783.)
(30 ILCS 740/3-1.09) (from Ch. 111 2/3, par. 689.1)
Sec. 3-1.09. 
		
		"Eligible administrative expenses" means those expenses
required to provide public transportation, other than those defined as
"eligible operating expenses" in Section 3-1.04 of this Act, including, but
not limited to, general, administrative and overhead costs such as salaries
of the project director, office personnel such as secretary and bookkeeper,
office supplies, facilities, rental, insurance, marketing, and interest on
short-term loans for operating assistance.  "Eligible administrative
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
investments; (e) for excessive payment to associated entities; (f) for
costs reimbursed under Sections 6 and 8 of the "Urban Mass
Transportation
Act of 1964", as amended; (g) for entertainment expenses; (h) for charter
expenses; (i) for fines and penalties; (j) for charitable donations; (k)
for interest expense on long term borrowing and debt retirement other than
on publicly owned equipment or facilities; (l) for income taxes; (m) for
those expenses defined as "eligible operating expenses" under Section
3-1.04 of this Article; or (n) for such other
expenses as the Department may determine consistent with federal Department
of Transportation regulations and requirements.
(Source: P.A. 91-357, eff. 7-29-99.)
(30 ILCS 740/3-2) (from Ch. 111 2/3, par. 690)
Sec. 3-2. 
		
		The Department shall establish forms for the reporting
of projected and actual operating deficits, operating expenses and
administrative expenses and expenses and other required
information by the participants, and has the power to promulgate rules and
regulations implementing this Article.
(Source: P.A. 83-1471.)
(30 ILCS 740/3-3) (from Ch. 111 2/3, par. 691)
Sec. 3-3. 
		
		Each participant applying for a grant pursuant to
this Article shall submit a formal application to the Department on forms
provided by the Department.  An application for operating assistance shall include:
(a) an estimate of projected administrative expenses; (b) an estimate
of projected operating deficits (including a separate statement
of eligible operating expenses and an estimate of all projected operating
income or revenues); (c) a program of proposed expenditures;
(d) a certification
to the Department by the participant that it will supply or cause to be
supplied funds, which together with funds made available under this Article
will be sufficient to meet the total eligible operating expenses and (e)
such other information, undertakings and representations as the Department
may require.  An application for capital assistance shall include:  (a)
a description of the project for which the capital expenditure is to be
made, including the estimated costs for such project; (b) a certification
by the participant that it will supply or cause to be supplied funds, which
together with funds made available under this Article, will be sufficient
to meet the total project cost; and (c) such other information, undertakings
and representations as the Department may require.
For Fiscal Year 1980 preliminary grant requests containing such information
as the Department may require shall be submitted to the Department within
30 days after the promulgation of rules and regulations implementing the
nonurbanized area public transportation assistance program.  Formal application
shall be submitted to the Department in accordance with dates established
by the Department and published in such rules and regulations.  For Fiscal
Year 1981 and thereafter a preliminary request shall be submitted no later
than April 1 of the year immediately preceding such Fiscal Year.  Formal
application shall be submitted to the Department by July 1 of such year.
(Source: P.A. 83-1471.)
(30 ILCS 740/3-4) (from Ch. 111 2/3, par. 692)
Sec. 3-4. 
		
		The Department is authorized to receive Section 18
funds and to make grants for operating and capital assistance to participants
which are eligible to receive such funds.  Such grants shall not exceed
funds to be made available to the State from the federal government for
such purposes.  Of funds appropriated in any fiscal year for participants
which are not eligible for assistance under Article II of this Act, the
Department shall apportion 75% of such funds among regions established by
the Department.  Such distribution shall be calculated on the basis of nonurbanized area
population located outside of the boundaries of eligible participants under
Article II of this Act, square miles of land, and the percentage of transportation
of disadvantaged persons.
Grants of the funds apportioned may be made for operating assistance to
participants within any region in an aggregate amount not to exceed the
amount apportioned to such region.  Grants of funds not apportioned may
be made for operating or capital assistance for participants in any region.
(Source: P.A. 82-783.)
(30 ILCS 740/3-5) (from Ch. 111 2/3, par. 693)
Sec. 3-5. 
		
		Each participant receiving operating assistance shall,
no later than 30 days following the end of each quarter of any Fiscal Year,
file with the Department on forms provided by the Department for that purpose,
a report of the actual operating deficit and actual eligible
administrative expenses experienced during that quarter.
The Department shall, upon receipt of the quarterly report, and upon determining
that such operating deficits and eligible administrative expenses were
incurred in conformity with the program
of proposed expenditures approved by the Department pursuant to Section
3-8, pay to the participant such portion as may
be determined under Section 3-9.
(Source: P.A. 83-1471.)
(30 ILCS 740/3-6) (from Ch. 111 2/3, par. 694)
Sec. 3-6. 
		
		Each program of proposed expenditures shall, in the
case of a system of public transportation owned and operated by a participant,
undertake to meet operating deficits and eligible administrative
expenses directly.  Grants may be made for services
provided through purchase of service agreements with a provider of public
transportation services.
(Source: P.A. 83-1471.)
(30 ILCS 740/3-7) (from Ch. 111 2/3, par. 695)
Sec. 3-7. 
		
		Nothing in this Article shall prohibit any participant
from including
in a program of proposed expenditures and eligible administrative
expenses funding for a portion of a cooperative
public transportation project or purpose, the total cost of which is shared
among one or more other participants or other financial contributors.
(Source: P.A. 83-1471.)
(30 ILCS 740/3-8) (from Ch. 111 2/3, par. 696)
Sec. 3-8. 
		
		The Department shall review and approve or disapprove
within 60 days of receipt, each formal application submitted by any participant
under Section 3-3.  The Department shall consider
the following factors in its review of any application:
(a) the level of need for the proposed project;
(b) the fiscal, managerial and operating capability of the proposed operator
of the service; and
(c) the amount apportioned to the region.
If more than one application is received from within one county, the Department
may require the submittal of a joint application.
(Source: P.A. 82-783.)
(30 ILCS 740/3-9) (from Ch. 111 2/3, par. 697)
Sec. 3-9. 
		
		(a) Upon a determination by the Department that a proposed
project is in compliance with the provisions of this Article, and upon
approval thereof by the Department and the federal Department of
Transportation, the Department shall enter into one or more grant
agreements with and shall make grants to that participant as necessary to
implement the adopted project.
(b) All grants by the Department pursuant to this Article shall be
administered upon such conditions as the Secretary of Transportation shall
determine, consistent with the provisions and purposes of this Article and
consistent with Section 18 and the federal Department of Transportation
regulations and requirements thereunder.
The Department may make grants to any participant for an amount not to
exceed 50% of the projected operating deficit, 80% of the projected
eligible administrative expenses and/or 80%  of any proposed capital
expenditure upon the participant paying or committing for payment funds which,
together with funds available under this Article, will be sufficient to
meet the total eligible operating expenses or the total project costs, as
the case may be, as set forth in the Agreement between the Department and
the participant.
(c) Payment and/or reimbursement for services provided by a participant
shall not exceed the difference between the total of eligible operating
expense plus the eligible administrative expenses for
the service and the amounts received by the participant for such services
from any other source.
(d) In addition to the grant of Section 18 moneys provided for in
subsection (b) above, the Department shall make grants from State moneys to
any participant who is eligible to receive federal operating assistance
funds under Section 18, in an amount not to exceed 25% of its operating
deficit, excepting those participants eligible to receive funds under
Article II of the Downstate Public Transportation Act during fiscal year
1990 or any year thereafter.
(Source: P.A. 86-1005.)
(30 ILCS 740/3-10) (from Ch. 111 2/3, par. 698)
Sec. 3-10. 
		
		This Article is repealed June 30, 1983, or at such
time as Section 18 funds cease to be available to the State from the federal
government, whichever is later.
(Source: P.A. 82-783.)