Article III - Nonurbanized Area Public Transportation Assistance - Illinois Statutes

      (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.)