Full Text of SB1971 94th General Assembly
SB1971 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1971
Introduced 2/25/2005, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED: |
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30 ILCS 740/2-2.02 |
from Ch. 111 2/3, par. 662.02 |
30 ILCS 740/2-2.04 |
from Ch. 111 2/3, par. 662.04 |
30 ILCS 740/2-2.05 |
from Ch. 111 2/3, par. 662.05 |
30 ILCS 740/3-1.05 |
from Ch. 111 2/3, par. 686 |
30 ILCS 740/4-1.3 |
from Ch. 111 2/3, par. 699.3 |
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Amends Downstate Public Transportation Act. Provides that a nonurbanized area may be a participant without any receipt of federal rural public transportation assistance (now, requires receipt of federal rural public transportation assistance on or before June 30, 2002). Provides that any mass transit district participant that increased its boundaries by annexing counties or municipalities (now, only counties) is eligible for payment of the maximum eligible operating expenses of the district based upon its projected operating expenses. Provides that the maximum amount of the eligible operating expenses appropriation in subsequent years may not exceed the amount appropriated in the prior year by more than 10%. Provides that 3 definitions of "public transportation" no longer include the characteristic of a service area that is approved by IDOT (now, requires IDOT approval).
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A BILL FOR
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SB1971 |
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LRB094 11535 AJO 42505 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Downstate Public Transportation Act is | 5 |
| amended by changing Sections 2-2.02, 2-2.04, 2-2.05, 3-1.05, | 6 |
| and 4-1.3 as follows:
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| (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
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| Sec. 2-2.02. "Participant" means:
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| (1) a city, village, or incorporated
town, or a local mass | 10 |
| transit district organized under the Local Mass Transit
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| 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 public
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| transportation assistance on or before June 30, 2002 ; or
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| (2) any Metro-East Transit District established
pursuant | 18 |
| to Section 3 of the Local Mass Transit District Act and serving | 19 |
| one or
more of the Counties of Madison, Monroe, and St. Clair | 20 |
| during Fiscal Year 1989,
all located outside the boundaries of | 21 |
| the Regional Transportation Authority as
established pursuant | 22 |
| to the Regional Transportation Authority Act.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-258, eff. 8-7-01; | 24 |
| 92-464, eff.
8-22-01.)
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| (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
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| Sec. 2-2.04. "Eligible operating expenses" means all | 27 |
| expenses required
for public transportation, including | 28 |
| employee wages and benefits,
materials, fuels, supplies, | 29 |
| rental of facilities, taxes other than income
taxes, payment | 30 |
| made for debt service (including principal and interest) on
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| publicly owned equipment or facilities, and any other |
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SB1971 |
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LRB094 11535 AJO 42505 b |
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| expenditure which is
an operating expense according to standard | 2 |
| accounting practices for the
providing of public | 3 |
| transportation. Eligible operating expenses shall not
include | 4 |
| allowances: (a) for depreciation whether funded or unfunded; | 5 |
| (b)
for amortization of any intangible costs; (c) for debt | 6 |
| service on capital
acquired with the assistance of capital | 7 |
| grant funds provided by the State
of Illinois; (d) for profits | 8 |
| or return on investment; (e) for excessive
payment to | 9 |
| associated entities; (f) for Comprehensive Employment Training
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| Act expenses; (g) for costs reimbursed under Sections 6 and 8 | 11 |
| of the "Urban
Mass Transportation Act of 1964", as amended; (h) | 12 |
| for entertainment
expenses; (i) for charter expenses; (j) for | 13 |
| fines and penalties; (k) for
charitable donations; (l) for | 14 |
| interest expense on long term borrowing and
debt retirement | 15 |
| other than on publicly owned equipment or facilities; (m)
for | 16 |
| income taxes; or (n) for such other expenses as the Department | 17 |
| may
determine consistent with federal Department of | 18 |
| Transportation regulations
or requirements.
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| With respect to participants other than any Metro-East | 20 |
| Transit District
participant and those receiving federal | 21 |
| research development and demonstration
funds pursuant to | 22 |
| Section 6 of the "Urban Mass Transportation Act of 1964",
as | 23 |
| amended, during the fiscal year ending June 30, 1979, the | 24 |
| maximum eligible
operating expenses for any such participant in | 25 |
| any fiscal year after Fiscal
Year 1980 shall be the amount | 26 |
| appropriated for such participant for the
fiscal year ending | 27 |
| June 30, 1980, plus in each year a 10% increase over
the | 28 |
| maximum established for the preceding fiscal year. For Fiscal | 29 |
| Year
1980 the maximum eligible operating expenses for any such | 30 |
| participant shall
be the amount of projected operating expenses | 31 |
| upon which the appropriation
for such participant for Fiscal | 32 |
| Year 1980 is based.
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| With respect to participants receiving federal research | 34 |
| development and
demonstration operating assistance funds for | 35 |
| operating assistance pursuant
to Section 6 of the "Urban Mass | 36 |
| Transportation Act of 1964", as amended,
during the fiscal year |
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| ending June 30, 1979, the maximum eligible operating
expenses | 2 |
| for any such participant in any fiscal year after Fiscal Year | 3 |
| 1980
shall not exceed such participant's eligible operating | 4 |
| expenses for the
fiscal year ending June 30, 1980, plus in each | 5 |
| year a 10% increase over
the maximum established for the | 6 |
| preceding fiscal year. For Fiscal Year
1980, the maximum | 7 |
| eligible operating expenses for any such participant shall
be | 8 |
| the eligible operating expenses incurred during such fiscal | 9 |
| year, or
projected operating expenses upon which the | 10 |
| appropriation for such participant
for the Fiscal Year 1980 is | 11 |
| based; whichever is less.
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| With respect to all participants other than any Metro-East | 13 |
| Transit
District participant, the maximum eligible operating | 14 |
| expenses for any such
participant in any fiscal year after | 15 |
| Fiscal Year 1985 shall be the amount
appropriated for such | 16 |
| participant for the fiscal year ending June 30, 1985,
plus in | 17 |
| each year a 10% increase over the maximum established for the | 18 |
| preceding
year. For Fiscal Year 1985, the maximum eligible | 19 |
| operating expenses for
any such participant shall be the amount | 20 |
| of projected operating expenses
upon which the appropriation | 21 |
| for such participant for Fiscal Year 1985 is
based.
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| With respect to any mass transit district participant that | 23 |
| has increased
its district boundaries by annexing counties or | 24 |
| municipalities since 1998 and is maintaining a
level of local | 25 |
| financial support, including all income and revenues, equal to
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| or greater than the level in the State fiscal year ending June | 27 |
| 30, 2001, the
maximum eligible operating expenses for any State | 28 |
| fiscal year after 2002 shall
be the amount appropriated for | 29 |
| that participant for the State fiscal year
ending June 30, | 30 |
| 2002, plus, in each State fiscal year, a 10% increase over the
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| preceding State fiscal year. For State fiscal year 2002, the | 32 |
| maximum eligible
operating expenses for any such participant | 33 |
| shall be the amount of projected
operating expenses upon which | 34 |
| the appropriation for that participant for State
fiscal year | 35 |
| 2002 is based. For that participant, eligible operating | 36 |
| expenses
for State fiscal year 2002 in excess of the eligible |
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| operating expenses for the
State fiscal year ending June 30, | 2 |
| 2001, plus 10%, must be attributed to the
provision of services | 3 |
| in the newly annexed counties or municipalities .
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| With respect to a participant that receives an initial | 5 |
| appropriation in State
fiscal year 2002 or thereafter , the | 6 |
| maximum eligible operating expenses for any State fiscal
year | 7 |
| after 2003 shall be the amount appropriated for that | 8 |
| participant for the
State fiscal year in which it received its | 9 |
| initial appropriation
ending June 30, 2003 , plus, in each year, | 10 |
| a 10% increase over
the preceding year. For the initial State | 11 |
| fiscal year in which a participant received an appropriation
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| 2003 , the maximum eligible operating
expenses for any such | 13 |
| participant shall be the amount of projected operating
expenses | 14 |
| upon which the appropriation for that participant for that | 15 |
| State fiscal
year 2003 is based.
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| (Source: P.A. 92-258, eff. 8-7-01; 92-464, eff. 8-22-01; | 17 |
| 92-651, eff.
7-11-02.)
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| (30 ILCS 740/2-2.05) (from Ch. 111 2/3, par. 662.05)
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| Sec. 2-2.05. "Public Transportation" means the | 20 |
| transportation or conveyance of
persons by means available to | 21 |
| the general public including groups of the
general public with | 22 |
| special needs
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| (1) within the urbanized area or
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| (2) in the nonurbanized areas within the service area of | 25 |
| each participant
as approved by the Department , except for | 26 |
| transportation by automobiles not used for
conveyance of the | 27 |
| general public as passengers.
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| (Source: P.A. 82-783.)
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| (30 ILCS 740/3-1.05) (from Ch. 111 2/3, par. 686)
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| Sec. 3-1.05. "Public Transportation" means the | 31 |
| transportation
or conveyance of persons within nonurbanized | 32 |
| areas within the service area
of each participant as approved | 33 |
| by the Department by means available to
the general public or
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| groups of the general public with special needs.
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SB1971 |
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LRB094 11535 AJO 42505 b |
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| (Source: P.A. 82-783.)
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| (30 ILCS 740/4-1.3) (from Ch. 111 2/3, par. 699.3)
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| Sec. 4-1.3. "Public transportation" means the | 4 |
| transportation or
conveyance of persons by means available to | 5 |
| the general public including
groups of the general public with | 6 |
| special needs (1) within the urbanized
area, or (2) in the | 7 |
| nonurbanized areas within the service area of each
participant | 8 |
| as approved by the Department , except for transportation by
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| automobiles not used for conveyance of the general public as | 10 |
| passengers.
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| (Source: P.A. 86-16.)
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