State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]


92_SB0103eng

 
SB103 Engrossed                                LRB9201942SMdv

 1        AN ACT to amend the Downstate Public  Transportation  Act
 2    by changing Sections 2-2.02 and 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 Sections 2-2.02 and 2-2.04 as follows:

 7        (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
 8        Sec. 2-2.02. "Participant" means:
 9        (1)  a  city,  village,  or incorporated town, or a local
10    mass transit district organized under the Local Mass  Transit
11    District  Act  (a)  serving  an urbanized area of over 50,000
12    population on December 28, 1989,  (b)  receiving  State  mass
13    transportation operating assistance pursuant to the Downstate
14    Public  Transportation  Act  during  Fiscal Year 1979, or (c)
15    serving a  nonurbanized  area  and  receiving  federal  rural
16    public  transportation  assistance during Fiscal Year 2001 on
17    the effective date of this amendatory Act of 1993; or
18        (2)  any Metro-East Transit District established pursuant
19    to Section 3 of the  Local  Mass  Transit  District  Act  and
20    serving  one  or more of the Counties of Madison, Monroe, and
21    St. Clair during Fiscal Year 1989, all  located  outside  the
22    boundaries   of  the  Regional  Transportation  Authority  as
23    established pursuant to the Regional Transportation Authority
24    Act.
25    (Source: P.A. 91-357, eff. 7-29-99.)

26        (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
27        Sec. 2-2.04.  "Eligible  operating  expenses"  means  all
28    expenses   required   for  public  transportation,  including
29    employee wages  and  benefits,  materials,  fuels,  supplies,
30    rental  of facilities, taxes other than income taxes, payment
 
SB103 Engrossed             -2-                LRB9201942SMdv
 1    made for debt service (including principal and  interest)  on
 2    publicly   owned  equipment  or  facilities,  and  any  other
 3    expenditure  which  is  an  operating  expense  according  to
 4    standard accounting practices for  the  providing  of  public
 5    transportation. Eligible operating expenses shall not include
 6    allowances:  (a) for depreciation whether funded or unfunded;
 7    (b) for amortization of any intangible costs;  (c)  for  debt
 8    service  on  capital  acquired with the assistance of capital
 9    grant funds provided  by  the  State  of  Illinois;  (d)  for
10    profits or return on investment; (e) for excessive payment to
11    associated   entities;   (f)   for  Comprehensive  Employment
12    Training  Act  expenses;  (g)  for  costs  reimbursed   under
13    Sections  6  and  8  of the "Urban Mass Transportation Act of
14    1964", as amended;  (h) for entertainment expenses;  (i)  for
15    charter  expenses;  (j)  for  fines  and  penalties;  (k) for
16    charitable donations; (l) for interest expense on  long  term
17    borrowing  and  debt  retirement other than on publicly owned
18    equipment or facilities; (m) for income  taxes;  or  (n)  for
19    such   other   expenses   as  the  Department  may  determine
20    consistent  with   federal   Department   of   Transportation
21    regulations or requirements.
22        With  respect  to  participants other than any Metro-East
23    Transit District  participant  and  those  receiving  federal
24    research  development  and  demonstration  funds  pursuant to
25    Section 6 of the "Urban Mass Transportation Act of 1964",  as
26    amended,  during  the  fiscal  year ending June 30, 1979, the
27    maximum eligible operating expenses for any such  participant
28    in any fiscal year after Fiscal Year 1980 shall be the amount
29    appropriated  for such participant for the fiscal year ending
30    June 30, 1980, plus in each year  a  10%  increase  over  the
31    maximum  established  for  the  preceding  fiscal  year.  For
32    Fiscal Year 1980 the maximum eligible operating expenses  for
33    any  such  participant  shall  be  the  amount  of  projected
34    operating  expenses  upon  which  the  appropriation for such
 
SB103 Engrossed             -3-                LRB9201942SMdv
 1    participant for Fiscal Year 1980 is based.
 2        With respect to participants receiving  federal  research
 3    development  and demonstration operating assistance funds for
 4    operating assistance pursuant to Section 6 of the "Urban Mass
 5    Transportation Act of 1964", as amended,  during  the  fiscal
 6    year  ending  June  30,  1979, the maximum eligible operating
 7    expenses for any such participant in any  fiscal  year  after
 8    Fiscal Year 1980 shall not exceed such participant's eligible
 9    operating  expenses for the fiscal year ending June 30, 1980,
10    plus in each year a 10% increase over the maximum established
11    for the preceding fiscal year.  For  Fiscal  Year  1980,  the
12    maximum  eligible operating expenses for any such participant
13    shall be the eligible operating expenses incurred during such
14    fiscal year, or projected operating expenses upon  which  the
15    appropriation  for  such participant for the Fiscal Year 1980
16    is based; whichever is less.
17        With  respect  to  all  participants   other   than   any
18    Metro-East Transit District participant, the maximum eligible
19    operating  expenses  for  any  such participant in any fiscal
20    year after Fiscal Year 1985 shall be the amount  appropriated
21    for  such  participant  for  the  fiscal year ending June 30,
22    1985, plus in each year  a  10%  increase  over  the  maximum
23    established for the preceding year. For Fiscal Year 1985, the
24    maximum  eligible operating expenses for any such participant
25    shall be the amount  of  projected  operating  expenses  upon
26    which  the appropriation for such participant for Fiscal Year
27    1985 is based.
28        The 10% maximum increase over the amount appropriated for
29    the  preceding  year,  however,  may  be   exceeded   for   a
30    participant  that received an initial appropriation in Fiscal
31    Year 1994, or Fiscal Year 1998, or Fiscal Year 2002.  For any
32    such participant, a 10%  maximum  increase  over  the  amount
33    appropriated  in  the  preceding  year is established in each
34    subsequent year following the Fiscal  Year  when  the  amount
 
SB103 Engrossed             -4-                LRB9201942SMdv
 1    appropriated   is  equal  to  or  greater  than  the  maximum
 2    allowable under Section 2-7 of this Act.
 3    (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.)

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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