Full Text of HB5732 96th General Assembly
HB5732 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5732
Introduced 2/9/2010, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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30 ILCS 740/2-2.04 |
from Ch. 111 2/3, par. 662.04 |
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Amends the Downstate Public Transportation Act. Provides that the annual 10% growth in appropriation may be exceeded when any participant extends its service area by either annexation or intergovernmental agreement.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5732 |
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LRB096 19055 HLH 34446 b |
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| AN ACT concerning finance.
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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 Section 2-2.04 as follows:
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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 | 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
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| publicly owned equipment or facilities, and any other | 13 |
| expenditure which is
an operating expense according to standard | 14 |
| 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 profits | 20 |
| or return on investment; (e) for excessive
payment to | 21 |
| associated entities; (f) for Comprehensive Employment Training
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| Act expenses; (g) for costs reimbursed under Sections 6 and 8 | 23 |
| of the "Urban
Mass Transportation Act of 1964", as amended; (h) |
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HB5732 |
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LRB096 19055 HLH 34446 b |
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| for entertainment
expenses; (i) for charter expenses; (j) for | 2 |
| fines and penalties; (k) for
charitable donations; (l) for | 3 |
| interest expense on long term borrowing and
debt retirement | 4 |
| other than on publicly owned equipment or facilities; (m)
for | 5 |
| income taxes; or (n) for such other expenses as the Department | 6 |
| may
determine consistent with federal Department of | 7 |
| Transportation regulations
or requirements. In consultation | 8 |
| with participants, the Department shall, by October 2008, | 9 |
| promulgate or update rules, pursuant to the Illinois | 10 |
| Administrative Procedure Act, concerning eligible expenses to | 11 |
| ensure consistent application of the Act, and the Department | 12 |
| shall provide written copies of those rules to all eligible | 13 |
| recipients. The Department shall review this process in the | 14 |
| same manner no less frequently than every 5 years.
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| With respect to participants other than any Metro-East | 16 |
| Transit District
participant and those receiving federal | 17 |
| research development and demonstration
funds pursuant to | 18 |
| Section 6 of the "Urban Mass Transportation Act of 1964",
as | 19 |
| amended, during the fiscal year ending June 30, 1979, the | 20 |
| maximum eligible
operating expenses for any such participant in | 21 |
| any fiscal year after Fiscal
Year 1980 shall be the amount | 22 |
| appropriated for such participant for the
fiscal year ending | 23 |
| June 30, 1980, plus in each year a 10% increase over
the | 24 |
| maximum established for the preceding fiscal year. For Fiscal | 25 |
| Year
1980 the maximum eligible operating expenses for any such | 26 |
| participant shall
be the amount of projected operating expenses |
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| upon which the appropriation
for such participant for Fiscal | 2 |
| Year 1980 is based.
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| With respect to participants receiving federal research | 4 |
| development and
demonstration operating assistance funds for | 5 |
| operating assistance pursuant
to Section 6 of the "Urban Mass | 6 |
| Transportation Act of 1964", as amended,
during the fiscal year | 7 |
| ending June 30, 1979, the maximum eligible operating
expenses | 8 |
| for any such participant in any fiscal year after Fiscal Year | 9 |
| 1980
shall not exceed such participant's eligible operating | 10 |
| expenses for the
fiscal year ending June 30, 1980, plus in each | 11 |
| year a 10% increase over
the maximum established for the | 12 |
| preceding fiscal year. For Fiscal Year
1980, the maximum | 13 |
| eligible operating expenses for any such participant shall
be | 14 |
| the eligible operating expenses incurred during such fiscal | 15 |
| year, or
projected operating expenses upon which the | 16 |
| appropriation for such participant
for the Fiscal Year 1980 is | 17 |
| based; whichever is less.
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| With respect to all participants other than any Metro-East | 19 |
| Transit
District participant, the maximum eligible operating | 20 |
| expenses for any such
participant in any fiscal year after | 21 |
| Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
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| shall be the amount
appropriated for such participant for the | 23 |
| fiscal year ending June 30, 1985,
plus in each year a 10% | 24 |
| increase over the maximum established for the preceding
year. | 25 |
| For Fiscal Year 1985, the maximum eligible operating expenses | 26 |
| for
any such participant shall be the amount of projected |
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| operating expenses
upon which the appropriation for such | 2 |
| participant for Fiscal Year 1985 is
based.
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| With respect to any mass transit district participant that | 4 |
| has increased
its district boundaries by annexing counties | 5 |
| since 1998 and is maintaining a
level of local financial | 6 |
| support, including all income and revenues, equal to
or greater | 7 |
| than the level in the State fiscal year ending June 30, 2001, | 8 |
| the
maximum eligible operating expenses for any State fiscal | 9 |
| year after 2002 (except State fiscal years
2006 through 2009) | 10 |
| shall
be the amount appropriated for that participant for the | 11 |
| State fiscal year
ending June 30, 2002, plus, in each State | 12 |
| fiscal year, a 10% increase over the
preceding State fiscal | 13 |
| year. The 10% annual growth in appropriation may be exceeded | 14 |
| when any participant extends its service area by either | 15 |
| annexation or intergovernmental agreement. For State fiscal | 16 |
| year 2002, the maximum eligible
operating expenses for any such | 17 |
| participant shall be the amount of projected
operating expenses | 18 |
| upon which the appropriation for that participant for State
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| fiscal year 2002 is based. For that participant, eligible | 20 |
| operating expenses
for State fiscal year 2002 in excess of the | 21 |
| eligible operating expenses for the
State fiscal year ending | 22 |
| June 30, 2001, plus 10%, must be attributed to the
provision of | 23 |
| services in the newly annexed counties.
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| With respect to a participant that receives an initial | 25 |
| appropriation in State
fiscal year 2002 or thereafter, the | 26 |
| maximum eligible operating expenses for any State fiscal
year |
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| after 2003 (except State fiscal years
2006 through 2009) shall | 2 |
| be the amount appropriated for that participant for the
State | 3 |
| fiscal year in which it received its initial appropriation, | 4 |
| plus, in each year, a 10% increase over
the preceding year. The | 5 |
| 10% annual growth in appropriation may be exceeded when any | 6 |
| participant extends its service area by either annexation or | 7 |
| intergovernmental agreement. For the initial State fiscal year | 8 |
| in which a participant received an appropriation, the maximum | 9 |
| eligible operating
expenses for any such participant shall be | 10 |
| the amount of projected operating
expenses upon which the | 11 |
| appropriation for that participant for that State fiscal
year | 12 |
| is based.
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| With respect to the District serving primarily the counties | 14 |
| of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | 15 |
| County Transit District shall no longer be included for new | 16 |
| appropriation funding purposes as part of the Metro-East Public | 17 |
| Transportation Fund and instead shall be included for new | 18 |
| appropriation funding purposes as part of the Downstate Public | 19 |
| Transportation Fund; provided, however, that nothing herein | 20 |
| shall alter the eligibility of that District for previously | 21 |
| appropriated funds to which it would otherwise be entitled.
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| With respect to the District serving primarily Madison | 23 |
| County, beginning July 1, 2008, the Madison County Transit | 24 |
| District shall no longer be included for new appropriation | 25 |
| funding purposes as part of the Metro-East Public | 26 |
| Transportation Fund and instead shall be included for new |
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| appropriation funding purposes as part of the Downstate Public | 2 |
| Transportation Fund; provided, however, that nothing herein | 3 |
| shall alter the eligibility of that District for previously | 4 |
| appropriated funds to which it would otherwise be entitled. | 5 |
| With respect to the fiscal year beginning July 1, 2007, and | 6 |
| thereafter, the following shall be included for new | 7 |
| appropriation funding purposes as part of the Downstate Public | 8 |
| Transportation Fund: Bond County; Bureau County; Coles County; | 9 |
| Edgar County; Stephenson County and the City of Freeport; Henry | 10 |
| County; Jo Daviess County; Kankakee and McLean Counties; Peoria | 11 |
| County; Piatt County; Shelby County; Tazewell and Woodford | 12 |
| Counties; Vermilion County; Williamson County; and Kendall | 13 |
| County.
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| (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
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