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90_HB2295enr 30 ILCS 740/2-2.04 from Ch. 111 2/3, par. 662.04 Amends the Downstate Public Transportation Act. Provides that funding for eligible operating expenses may exceed the 10% increase over the maximum established for the preceding year for a participant that is a transit district that received an initial appropriation in Fiscal Year 1998. Provides that for any such participant, a 10% maximum increase is established in each subsequent year following Fiscal Year 1999 when the amount appropriated is equal to or greater than maximum allowable under the Section of the Downstate Public Transportation Act concerning maximum payments for eligible operating expenses. Effective immediately. LRB9005887MWpc HB2295 Enrolled LRB9005887MWpc 1 AN ACT to amend the Downstate Public Transportation Act 2 by changing Section 2-2.04. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Downstate Public Transportation Act is 6 amended by changing Section 2-2.04 as follows: 7 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04) 8 Sec. 2-2.04. "Eligible operating expenses" means all 9 expenses required for public transportation, including 10 employee wages and benefits, materials, fuels, supplies, 11 rental of facilities, taxes other than income taxes, payment 12 made for debt service (including principal and interest) on 13 publicly owned equipment or facilities, and any other 14 expenditure which is an operating expense according to 15 standard accounting practices for the providing of public 16 transportation. Eligible operating expenses shall not include 17 allowances: (a) for depreciation whether funded or unfunded; 18 (b) for amortization of any intangible costs; (c) for debt 19 service on capital acquired with the assistance of capital 20 grant funds provided by the State of Illinois; (d) for 21 profits or return on investment; (e) for excessive payment to 22 associated entities; (f) for Comprehensive Employment 23 Training Act expenses; (g) for costs reimbursed under 24 Sections 6 and 8 of the "Urban Mass Transportation Act of 25 1964", as amended; (h) for entertainment expenses; (i) for 26 charter expenses; (j) for fines and penalties; (k) for 27 charitable donations; (l) for interest expense on long term 28 borrowing and debt retirement other than on publicly owned 29 equipment or facilities; (m) for income taxes or (n) for such 30 other expenses as the Department may determine consistent 31 with federal Department of Transportation regulations or HB2295 Enrolled -2- LRB9005887MWpc 1 requirements. 2 With respect to participants other than any Metro-East 3 Transit District participant and those receiving federal 4 research development and demonstration funds pursuant to 5 Section 6 of the "Urban Mass Transportation Act of 1964", as 6 amended, during the fiscal year ending June 30, 1979, the 7 maximum eligible operating expenses for any such participant 8 in any fiscal year after Fiscal Year 1980 shall be the amount 9 appropriated for such participant for the fiscal year ending 10 June 30, 1980, plus in each year a 10% increase over the 11 maximum established for the preceding fiscal year. For 12 Fiscal Year 1980 the maximum eligible operating expenses for 13 any such participant shall be the amount of projected 14 operating expenses upon which the appropriation for such 15 participant for Fiscal Year 1980 is based. 16 With respect to participants receiving federal research 17 development and demonstration operating assistance funds for 18 operating assistance pursuant to Section 6 of the "Urban Mass 19 Transportation Act of 1964", as amended, during the fiscal 20 year ending June 30, 1979, the maximum eligible operating 21 expenses for any such participant in any fiscal year after 22 Fiscal Year 1980 shall not exceed such participant's eligible 23 operating expenses for the fiscal year ending June 30, 1980, 24 plus in each year a 10% increase over the maximum established 25 for the preceding fiscal year. For Fiscal Year 1980, the 26 maximum eligible operating expenses for any such participant 27 shall be the eligible operating expenses incurred during such 28 fiscal year, or projected operating expenses upon which the 29 appropriation for such participant for the Fiscal Year 1980 30 is based; whichever is less. 31 With respect to all participants other than any 32 Metro-East Transit District participant, the maximum eligible 33 operating expenses for any such participant in any fiscal 34 year after Fiscal Year 1985 shall be the amount appropriated HB2295 Enrolled -3- LRB9005887MWpc 1 for such participant for the fiscal year ending June 30, 2 1985, plus in each year a 10% increase over the maximum 3 established for the preceding year. For Fiscal Year 1985, the 4 maximum eligible operating expenses for any such participant 5 shall be the amount of projected operating expenses upon 6 which the appropriation for such participant for Fiscal Year 7 1985 is based. 8 The 10% maximum increase over the amount appropriated for 9 the preceding year, however, may be exceeded for a 10 participant thatis a rural transit district thatreceived an 11 initial appropriation in Fiscal Year 1994 or Fiscal Year 12 1998. For any such participant, a 10% maximum increase over 13 the amount appropriated in the preceding year is established 14 in each subsequent year following the Fiscal Year when the 15 amount appropriated is equal to or greater than the maximum 16 allowable under Section 2-7 of this Act. 17 (Source: P.A. 90-508, eff. 8-22-97.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.