Full Text of HB3863 98th General Assembly
HB3863ham001 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 4/7/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3863
| 2 | | AMENDMENT NO. ______. Amend House Bill 3863 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Downstate Public Transportation Act is | 5 | | amended by changing Sections 2-2.04, 2-10, 2-14, and 2-15 as | 6 | | 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, any | 12 | | payment made for debt service (including principal and | 13 | | interest) by any participant on
publicly owned equipment or | 14 | | facilities, payment made to the Illinois Municipal Retirement | 15 | | Fund for the purpose of addressing the unfunded pension | 16 | | liability, and any other expenditure which is
an operating |
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| 1 | | expense according to standard accounting practices for the
| 2 | | providing of public transportation. Eligible operating | 3 | | expenses shall not
include allowances: (a) for depreciation | 4 | | whether funded or unfunded; (b)
for amortization of any | 5 | | intangible costs; (c) for debt service on capital
acquired with | 6 | | the assistance of capital grant funds provided by the State
of | 7 | | Illinois; (d) for profits or return on investment; (e) for | 8 | | excessive
payment to associated entities; (f) for | 9 | | Comprehensive Employment Training
Act expenses; (g) (blank) | 10 | | for costs reimbursed under Sections 6 and 8 of the "Urban
Mass | 11 | | Transportation Act of 1964", as amended ; (h) for entertainment
| 12 | | expenses; (i) for charter expenses; (j) for fines and | 13 | | penalties; (k) for
charitable donations; (l) for interest | 14 | | expense on long term borrowing and
debt retirement other than | 15 | | on publicly owned equipment or facilities; (m)
for income | 16 | | taxes; or (n) for such other expenses as the Department may
| 17 | | determine consistent with federal Department of Transportation | 18 | | regulations
or requirements. In consultation with | 19 | | participants, the Department shall, by October 2008, | 20 | | promulgate or update rules, pursuant to the Illinois | 21 | | Administrative Procedure Act, concerning eligible expenses to | 22 | | ensure consistent application of the Act, and the Department | 23 | | shall provide written copies of those rules to all eligible | 24 | | recipients. The Department shall review this process in the | 25 | | same manner no less frequently than every 5 years.
| 26 | | With respect to participants other than any Metro-East |
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| 1 | | Transit District
participant and those receiving federal | 2 | | research development and demonstration
funds pursuant to | 3 | | Section 6 of the "Urban Mass Transportation Act of 1964",
as | 4 | | amended, during the fiscal year ending June 30, 1979, the | 5 | | maximum eligible
operating expenses for any such participant in | 6 | | any fiscal year after Fiscal
Year 1980 shall be the amount | 7 | | appropriated for such participant for the
fiscal year ending | 8 | | June 30, 1980, plus in each year a 10% increase over
the | 9 | | maximum established for the preceding fiscal year. For Fiscal | 10 | | Year
1980 the maximum eligible operating expenses for any such | 11 | | participant shall
be the amount of projected operating expenses | 12 | | upon which the appropriation
for such participant for Fiscal | 13 | | Year 1980 is based.
| 14 | | With respect to participants receiving federal research | 15 | | development and
demonstration operating assistance funds for | 16 | | operating assistance pursuant
to Section 6 of the "Urban Mass | 17 | | Transportation Act of 1964", as amended,
during the fiscal year | 18 | | ending June 30, 1979, the maximum eligible operating
expenses | 19 | | for any such participant in any fiscal year after Fiscal Year | 20 | | 1980
shall not exceed such participant's eligible operating | 21 | | expenses for the
fiscal year ending June 30, 1980, plus in each | 22 | | year a 10% increase over
the maximum established for the | 23 | | preceding fiscal year. For Fiscal Year
1980, the maximum | 24 | | eligible operating expenses for any such participant shall
be | 25 | | the eligible operating expenses incurred during such fiscal | 26 | | year, or
projected operating expenses upon which the |
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| 1 | | appropriation for such participant
for the Fiscal Year 1980 is | 2 | | based; whichever is less.
| 3 | | With respect to all participants other than any Metro-East | 4 | | Transit
District participant , the maximum eligible operating | 5 | | expenses for any such
participant in any fiscal year after | 6 | | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
| 7 | | shall be the amount
appropriated for such participant for the | 8 | | fiscal year ending June 30, 1985,
plus (i) in fiscal years | 9 | | prior to Fiscal Year 2015, in each year a 10% increase over the | 10 | | maximum established for the preceding
year and (ii) for Fiscal | 11 | | Year 2015 and each fiscal year thereafter, a percentage | 12 | | increase equal to the percentage change in transfers ordered in | 13 | | to the Downstate Public Transportation Fund under subsection | 14 | | (b-6) of Section 2-3 of this Act for the most recently | 15 | | completed fiscal year over the amount ordered transferred under | 16 | | that Section in the immediately preceding fiscal year, except | 17 | | that, if the percentage change is zero or less than zero, then | 18 | | the maximum established shall be equal to the maximum | 19 | | established for the preceding fiscal year . For Fiscal Year | 20 | | 1985, the maximum eligible operating expenses for
any such | 21 | | participant shall be the amount of projected operating expenses
| 22 | | upon which the appropriation for such participant for Fiscal | 23 | | Year 1985 is
based.
| 24 | | With respect to any mass transit district participant that | 25 | | has increased
its district boundaries by annexing counties | 26 | | since 1998 and is maintaining a
level of local financial |
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| 1 | | support, including all income and revenues, equal to
or greater | 2 | | than the level in the State fiscal year ending June 30, 2001, | 3 | | the
maximum eligible operating expenses for any State fiscal | 4 | | year after 2002 (except State fiscal years
2006 through 2009) | 5 | | shall
be the amount appropriated for that participant for the | 6 | | State fiscal year
ending June 30, 2002, plus, in each State | 7 | | fiscal year, a 10% increase over the
preceding State fiscal | 8 | | year. For State fiscal year 2002, the maximum eligible
| 9 | | operating expenses for any such participant shall be the amount | 10 | | of projected
operating expenses upon which the appropriation | 11 | | for that participant for State
fiscal year 2002 is based. For | 12 | | that participant, eligible operating expenses
for State fiscal | 13 | | year 2002 in excess of the eligible operating expenses for the
| 14 | | State fiscal year ending June 30, 2001, plus 10%, must be | 15 | | attributed to the
provision of services in the newly annexed | 16 | | counties.
| 17 | | With respect to a participant that receives an initial | 18 | | appropriation in State
fiscal year 2002 or thereafter, the | 19 | | maximum eligible operating expenses for any State fiscal
year | 20 | | after 2003 (except State fiscal years
2006 through 2009) shall | 21 | | be the amount appropriated for that participant for the
State | 22 | | fiscal year in which it received its initial appropriation, | 23 | | plus, in fiscal years prior to Fiscal Year 2015 in each year , a | 24 | | 10% increase over
the preceding year and (ii) for Fiscal Year | 25 | | 2015 and each fiscal year thereafter, a percentage increase | 26 | | equal to the percentage change in transfers ordered in to the |
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| 1 | | Downstate Public Transportation Fund under subsection (b-6) of | 2 | | Section 2-3 of this Act for the most recently completed fiscal | 3 | | year over the amount ordered transferred under that Section in | 4 | | the immediately preceding fiscal year, except that, if the | 5 | | percentage change is zero or less than zero, then the maximum | 6 | | established shall be equal to the maximum established for the | 7 | | preceding fiscal year . For the initial State fiscal year in | 8 | | 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.
| 13 | | 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.
| 22 | | 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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| 1 | | 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.
| 14 | | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| 15 | | (30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
| 16 | | Sec. 2-10. Cooperative projects. Nothing in this Act shall | 17 | | prohibit any participant from (i) including in a
program of | 18 | | proposed expenditures funding for a portion of a cooperative
| 19 | | public transportation project or purpose, the total cost of | 20 | | which is shared
among one or more other participants or other | 21 | | financial contributors, as
long as the residents of the | 22 | | participant are served by any such project or
purpose or (ii) | 23 | | applying for and receiving another participant's appropriation | 24 | | if both participants agree by intergovernmental agreement to | 25 | | such agreement. Intergovernmental agreements must be in a form |
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| 1 | | approved by the Department and contain provisions for service | 2 | | equity in each participant's area and participant oversight of | 3 | | these requirements .
| 4 | | (Source: P.A. 82-783.)
| 5 | | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| 6 | | Sec. 2-14. Grants. (a) Upon a determination by the | 7 | | Department that any initial or amended
program of proposed | 8 | | expenditures is in compliance with the provisions of
this Act, | 9 | | and upon approval thereof, the Department shall enter into one | 10 | | or
more grant agreements with and shall make grants to that | 11 | | participant as
necessary to implement the adopted program of | 12 | | expenditures.
| 13 | | (b) All grants by the Department pursuant to this Act shall | 14 | | be
administered upon such conditions as the Secretary of | 15 | | Transportation shall
determine, consistent with the provisions | 16 | | and purpose of this Act.
| 17 | | (c) Any procurement by a participant with respect to a | 18 | | project for which the participant will be requesting operating | 19 | | reimbursement of the debt service pursuant to this Act, shall | 20 | | not be subject to the Department's procurement process, but | 21 | | shall be subject to a locally approved procurement process that | 22 | | complies with all federal procurement standards. | 23 | | (Source: P.A. 82-783.)
| 24 | | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
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| 1 | | Sec. 2-15. Residual fund balance. | 2 | | (a) Except as otherwise provided in this Section,
all funds | 3 | | which remain in the Downstate Public Transportation Fund or the
| 4 | | Metro-East Public Transportation Fund after the payment of the | 5 | | fourth quarterly
payment to participants other than Metro-East | 6 | | Transit District
participants and the last monthly payment to | 7 | | Metro-East Transit
participants in each fiscal year shall be | 8 | | transferred (i) to the
General Revenue Fund through fiscal year | 9 | | 2008 and (ii) to the Downstate Transit Improvement Fund for | 10 | | Fiscal Years fiscal year 2009 through 2012 and each fiscal year | 11 | | thereafter . Any amounts requested by the Department of | 12 | | Transportation for transfer into the Downstate Transit | 13 | | Improvement Fund during Fiscal Year 2014 are hereby nullified | 14 | | and, if the funds have been transferred into the Downstate | 15 | | Transit Improvement Fund on or before the effective date of | 16 | | this amendatory Act of the 98th General Assembly, then the | 17 | | State Comptroller shall immediately order transferred and the | 18 | | State Treasurer shall transfer such funds back to the Downstate | 19 | | Public Transportation Fund. In Fiscal Year 2015 and each fiscal | 20 | | year thereafter, the transfer to the Downstate Transit | 21 | | Improvement Fund shall be determined as follows: | 22 | | (1) The Department of Transportation shall calculate | 23 | | the amounts directed to be transferred in to the Downstate | 24 | | Public Transportation Fund pursuant to subsection (b-6) of | 25 | | Section 2-3 of this Act, minus the amounts expended via | 26 | | appropriations and transfers from the Downstate Public |
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| 1 | | Transportation Fund for the most recently completed Fiscal | 2 | | Year (the "Net Resources Amount"). | 3 | | (2) The Department of Transportation shall also | 4 | | compute the June 30 available balance in the Downstate | 5 | | Public Transportation Fund for both the most recently | 6 | | completed fiscal year and the immediately preceding fiscal | 7 | | year and determine the change (positive or negative) in the | 8 | | available balance over the course of the most recently | 9 | | completed fiscal year (the "Balance Change Amount"). | 10 | | (3) If the Balance Change Amount indicates that the | 11 | | June 30 available balance in the Downstate Public | 12 | | Transportation Fund has stayed the same or increased during | 13 | | the most recently completed fiscal year, then the requested | 14 | | transfer to the Downstate Transit Improvement Fund in the | 15 | | current fiscal year will be equal to the Net Resources | 16 | | Amount calculated in item (1) above. | 17 | | (4) If the Balance Change Amount indicates that the | 18 | | June 30 available balance has decreased during the most | 19 | | recently completed fiscal year, then the requested | 20 | | transfer to the Downstate Transit Improvement Fund shall be | 21 | | equal to the Net Resources Amount reduced by the Balance | 22 | | Change Amount. If the Balance Change Amount under item (2) | 23 | | is greater than or equal to the Net Resources Amount, then | 24 | | there will not be a transfer into the Downstate Transit | 25 | | Improvement Fund during the current fiscal year. | 26 | | Transfers shall be made no later than 90 days following |
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| 1 | | the end of such fiscal
year. Beginning fiscal year 2010, all | 2 | | moneys each year in the Downstate Transit Improvement Fund | 3 | | shall be , held solely for the benefit of the participants in | 4 | | the Downstate Public Transportation Fund and shall be | 5 | | appropriated solely to the Department to make competitive | 6 | | capital grants to the participants of the respective funds and | 7 | | for no other purpose . However, such amount as the Department | 8 | | determines to be necessary
for (1) allocation to participants | 9 | | for the purposes of Section 2-7 for
the first quarter of the | 10 | | succeeding fiscal year and (2) an amount equal to
2% of the | 11 | | total allocations to participants in the fiscal year just ended
| 12 | | to be used for the purpose of audit adjustments shall be | 13 | | retained in such
Funds to be used by the Department for such | 14 | | purposes.
| 15 | | (b) Notwithstanding any other provision of law, in addition | 16 | | to any other transfers that may be provided by law, on July 1, | 17 | | 2011, or as soon thereafter as practical, the State Comptroller | 18 | | shall direct and the State Treasurer shall transfer the | 19 | | remaining balance from the Metro East Public Transportation | 20 | | Fund into the General Revenue Fund. Upon completion of the | 21 | | transfers, the Metro East Public Transportation Fund is | 22 | | dissolved, and any future deposits due to that Fund and any | 23 | | outstanding obligations or liabilities of that Fund pass to the | 24 | | General Revenue Fund. | 25 | | (Source: P.A. 97-72, eff. 7-1-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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