093_SB0685ham001
LRB093 07875 BDD 15904 a
1 AMENDMENT TO SENATE BILL 685
2 AMENDMENT NO. . Amend Senate Bill 685 on page 1,
3 immediately below line 3, by inserting the following:
4 "Section 3. The Downstate Public Transportation Act is
5 amended by changing Sections 2-2.04 and 2-6 as follows:
6 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
7 Sec. 2-2.04. "Eligible operating expenses" means all
8 expenses required for public transportation, including
9 employee wages and benefits, materials, fuels, supplies,
10 rental of facilities, taxes other than income taxes, payment
11 made for debt service (including principal and interest) on
12 publicly owned equipment or facilities, and any other
13 expenditure which is an operating expense according to
14 standard accounting practices for the providing of public
15 transportation. Eligible operating expenses shall not include
16 allowances: (a) for depreciation whether funded or unfunded;
17 (b) for amortization of any intangible costs; (c) for debt
18 service on capital acquired with the assistance of capital
19 grant funds provided by the State of Illinois; (d) for
20 profits or return on investment; (e) for excessive payment to
21 associated entities; (f) for Comprehensive Employment
22 Training Act expenses; (g) for costs reimbursed under
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1 Sections 6 and 8 of the "Urban Mass Transportation Act of
2 1964", as amended; (h) for entertainment expenses; (i) for
3 charter expenses; (j) for fines and penalties; (k) for
4 charitable donations; (l) for interest expense on long term
5 borrowing and debt retirement other than on publicly owned
6 equipment or facilities; (m) for income taxes; or (n) for
7 such other expenses as the Department may determine
8 consistent with federal Department of Transportation
9 regulations or requirements.
10 With respect to participants other than any Metro-East
11 Transit District participant and those receiving federal
12 research development and demonstration funds pursuant to
13 Section 6 of the "Urban Mass Transportation Act of 1964", as
14 amended, during the fiscal year ending June 30, 1979, the
15 maximum eligible operating expenses for any such participant
16 in any fiscal year after Fiscal Year 1980 shall be the amount
17 appropriated for such participant for the fiscal year ending
18 June 30, 1980, plus in each year a 10% increase over the
19 maximum established for the preceding fiscal year. For
20 Fiscal Year 1980 the maximum eligible operating expenses for
21 any such participant shall be the amount of projected
22 operating expenses upon which the appropriation for such
23 participant for Fiscal Year 1980 is based.
24 With respect to participants receiving federal research
25 development and demonstration operating assistance funds for
26 operating assistance pursuant to Section 6 of the "Urban Mass
27 Transportation Act of 1964", as amended, during the fiscal
28 year ending June 30, 1979, the maximum eligible operating
29 expenses for any such participant in any fiscal year after
30 Fiscal Year 1980 shall not exceed such participant's eligible
31 operating expenses for the fiscal year ending June 30, 1980,
32 plus in each year a 10% increase over the maximum established
33 for the preceding fiscal year. For Fiscal Year 1980, the
34 maximum eligible operating expenses for any such participant
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1 shall be the eligible operating expenses incurred during such
2 fiscal year, or projected operating expenses upon which the
3 appropriation for such participant for the Fiscal Year 1980
4 is based; whichever is less.
5 With respect to all participants other than any
6 Metro-East Transit District participant, the maximum eligible
7 operating expenses for any such participant in any fiscal
8 year after Fiscal Year 1985 shall be the amount appropriated
9 for such participant for the fiscal year ending June 30,
10 1985, plus in each year a 10% increase over the maximum
11 established for the preceding year. For Fiscal Year 1985,
12 the maximum eligible operating expenses for any such
13 participant shall be the amount of projected operating
14 expenses upon which the appropriation for such participant
15 for Fiscal Year 1985 is based.
16 With respect to any mass transit district participant
17 that has increased its district boundaries by annexing
18 counties since 1998 and is maintaining a level of local
19 financial support, including all income and revenues, equal
20 to or greater than the level in the State fiscal year ending
21 June 30, 2001, the maximum eligible operating expenses for
22 any State fiscal year after 2002 shall be the amount
23 appropriated for that participant for the State fiscal year
24 ending June 30, 2002, plus, in each State fiscal year, a 10%
25 increase over the preceding State fiscal year. For State
26 fiscal year 2002, the maximum eligible operating expenses for
27 any such participant shall be the amount of projected
28 operating expenses upon which the appropriation for that
29 participant for State fiscal year 2002 is based. For that
30 participant, eligible operating expenses for State fiscal
31 year 2002 in excess of the eligible operating expenses for
32 the State fiscal year ending June 30, 2001, plus 10%, must
33 be attributed to the provision of services in the newly
34 annexed counties.
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1 With respect to a participant that receives an initial
2 appropriation in State fiscal year 2002, the maximum eligible
3 operating expenses for any State fiscal year after 2003 shall
4 be the amount appropriated for that participant for the State
5 fiscal year ending June 30, 2003, plus, in each year, a 10%
6 increase over the preceding year. For State fiscal year
7 2003, the maximum eligible operating expenses for any such
8 participant shall be the amount of projected operating
9 expenses upon which the appropriation for that participant
10 for State fiscal year 2003 is based.
11 Notwithstanding any other provisions of this Section,
12 with respect to a participant that has received an amount
13 less than the percentage of eligible operating expenses equal
14 to the maximum received by any other participant in the
15 fiscal year ending June 30, 2002, the maximum percentage of
16 eligible operating expenses for the fiscal year ending June
17 30, 2003 and thereafter shall be the percentage received by
18 such other participant, except as provided in Section 2-7 of
19 this Act.
20 (Source: P.A. 92-258, eff. 8-7-01; 92-464, eff. 8-22-01;
21 92-651, eff. 7-11-02.)
22 (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
23 Sec. 2-6. Allocation of funds.
24 (a) With respect to all participants other than any
25 Metro-East Transit District participant, the Department shall
26 allocate the funds to be made available to each participant
27 under this Article for the following fiscal year and shall
28 notify the chief official of each participant not later than
29 the first day of the fiscal year of this amount. For Fiscal
30 Year 1975, notification shall be made not later than January
31 1, 1975, of the amount of such allocation. In determining the
32 allocation for each participant, the Department shall
33 estimate the funds available to the participant from the
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1 Downstate Public Transportation Fund for the purposes of this
2 Article during the succeeding fiscal year, and shall allocate
3 to each participant the amount attributable to it which shall
4 be the amount paid into the Downstate Public Transportation
5 Fund under Section 2-3 from within its boundaries. Said
6 allocations may be exceeded for participants receiving
7 assistance equal to one-third of their eligible operating
8 expenses, only if an allocation is less than one-third of
9 such participant's eligible operating expenses, provided,
10 however, that no other participant is denied its one-third of
11 eligible operating expenses. Beginning in Fiscal Year 1997,
12 said allocation may be exceeded for participants receiving
13 assistance equal to the percentage of their eligible
14 operating expenses provided for in paragraph (b) of Section
15 2-7, only if allocation is less than the percentage of such
16 participant's eligible operating expenses provided for in
17 paragraph (b) of Section 2-7, provided however, that no other
18 participant is denied its percentage of eligible operating
19 expenses.
20 (b) With regard to any Metro-East Transit District
21 organized under the Local Mass Transit District Act and
22 serving one or more of the Counties of Madison, Monroe and
23 St. Clair during Fiscal Year 1989, the Department shall
24 allocate the funds to be made available to each participant
25 for the following and succeeding fiscal years and shall
26 notify the chief official of each participant not later than
27 the first day of the fiscal year of this amount. The
28 Department shall allocate 55% of the amount paid into the
29 Metro-East Public Transportation Fund to the District serving
30 primarily the Counties of Monroe and St. Clair and 45% of the
31 amount to that District serving primarily the County of
32 Madison. If an amount remains in the Downstate Public
33 Transportation Fund after the allocation of funds pursuant to
34 subsection (a), those funds shall be transferred and paid
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1 over to the Metro-East Public Transportation Fund to the
2 extent necessary to allocate to any Metro-East Transit
3 District funds equal to 55% of eligible operating expenses of
4 the District, except as that percentage is otherwise limited
5 by subsection (b) of Section 2-7 of this Act.
6 (Source: P.A. 89-598, eff. 8-1-96.)"; and
7 on page 6, by replacing lines 10 through 14, with the
8 following:
9 "thereof, the corporate authorities and the county board
10 chairmen of each participating municipality or county shall
11 determine the percentage of service that the District
12 provides to each municipality or county. Each participating
13 municipality and county shall appoint trustees in proportion
14 to the percentage of service received from the District by
15 that municipality or county with the corporate authorities or
16 the county board chairman, with the consent of the county
17 board, of each participating municipality or county
18 appointing one trustee to the Board for each 30% or fraction
19 thereof of service that the municipality or county receives
20 from the District. If there is an even number of trustees
21 appointed to the Board, the corporate authorities or the
22 county board chairman, with the consent of the county board,
23 of the municipality or county that receives the largest
24 percentage of service from the District shall appoint one
25 additional trustee the corporate authorities or the county
26 board chairman with the consent of the county board of each
27 participating municipality or county shall appoint one
28 trustee to the Board for every 100,000 inhabitants, or
29 fraction thereof, of such municipality or county. The first".