State of Illinois
90th General Assembly
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[ Introduced ][ Engrossed ][ House Amendment 001 ]

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 that is a rural transit district that received 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.

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