Full Text of HB3127 99th General Assembly
HB3127 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3127 Introduced , by Rep. Jay Hoffman 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 740/2-14 | from Ch. 111 2/3, par. 674 |
30 ILCS 740/2-15 | from Ch. 111 2/3, par. 675.1 |
30 ILCS 740/3-1.02 | from Ch. 111 2/3, par. 683 |
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Amends the Downstate Public Transportation Act. Changes the definition of "participant" and "eligible operating expenses". Removes provisions concerning eligible operating expenses with respect to participants other than any Metro East Transit district participant and those receiving federal research development funds. Provides that any procurement by a participant on a project for which the participant will be requesting operating reimbursement of the debt service shall not be subject to the Department's procurement process, but shall be subject to a locally-approved procurement process. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Downstate Public Transportation Act is | 5 | | amended by changing Sections 2-2.02, 2-2.04, 2-14, 2-15, and | 6 | | 3-1.02 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, a county, a | 10 | | county acting as the primary participant on behalf of entities | 11 | | bound by an intergovernmental agreement or a local mass transit | 12 | | district organized under the Local Mass Transit
District Act | 13 | | (a) serving an urbanized area of over 50,000 population or (b) | 14 | | serving a nonurbanized area; or
| 15 | | (2) any Metro-East Transit District established
pursuant | 16 | | to Section 3 of the Local Mass Transit District Act and serving | 17 | | one or
more of the Counties of Madison, Monroe, and St. Clair | 18 | | during Fiscal Year 1989,
all located outside the boundaries of | 19 | | the Regional Transportation Authority as
established pursuant | 20 | | to the Regional Transportation Authority Act.
| 21 | | (Source: P.A. 94-70, eff. 6-22-05.)
| 22 | | (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
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| 1 | | Sec. 2-2.04. "Eligible operating expenses" means all | 2 | | expenses required
for public transportation, including | 3 | | employee wages and benefits,
materials, fuels, supplies, | 4 | | rental of facilities, taxes other than income
taxes, any | 5 | | payment made for debt service (including principal and | 6 | | interest) by all participants on
publicly owned equipment or | 7 | | facilities, payment made to the Illinois municipal Retirement | 8 | | Fund on unfunded pension liability, and any other expenditure | 9 | | which is
an operating expense according to standard accounting | 10 | | practices for the
providing of public transportation. Eligible | 11 | | operating expenses shall not
include allowances: (a) for | 12 | | depreciation whether funded or unfunded; (b)
for amortization | 13 | | of any intangible costs; (c) for debt service on capital
| 14 | | acquired with the assistance of capital grant funds provided by | 15 | | the State
of Illinois; (d) for profits or return on investment; | 16 | | (e) for excessive
payment to associated entities; (f) for | 17 | | Comprehensive Employment Training
Act expenses; (g) (blank); | 18 | | for costs reimbursed under Sections 6 and 8 of the "Urban
Mass | 19 | | Transportation Act of 1964", as amended; (h) for entertainment
| 20 | | expenses; (i) for charter expenses; (j) for fines and | 21 | | penalties; (k) for
charitable donations; (l) for interest | 22 | | expense on long term borrowing and
debt retirement other than | 23 | | on publicly owned equipment or facilities; (m)
for income | 24 | | taxes; or (n) for such other expenses as the Department may
| 25 | | determine consistent with federal Department of Transportation | 26 | | regulations
or requirements. In consultation with |
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| 1 | | participants, the Department shall, by October 2008, | 2 | | promulgate or update rules, pursuant to the Illinois | 3 | | Administrative Procedure Act, concerning eligible expenses to | 4 | | ensure consistent application of the Act, and the Department | 5 | | shall provide written copies of those rules to all eligible | 6 | | recipients. The Department shall review this process in the | 7 | | same manner no less frequently than every 5 years.
| 8 | | With respect to participants other than any Metro-East | 9 | | Transit District
participant and those receiving federal | 10 | | research development and demonstration
funds pursuant to | 11 | | Section 6 of the "Urban Mass Transportation Act of 1964",
as | 12 | | amended, during the fiscal year ending June 30, 1979, the | 13 | | maximum eligible
operating expenses for any such participant in | 14 | | any fiscal year after Fiscal
Year 1980 shall be the amount | 15 | | appropriated for such participant for the
fiscal year ending | 16 | | June 30, 1980, plus in each year a 10% increase over
the | 17 | | maximum established for the preceding fiscal year. For Fiscal | 18 | | Year
1980 the maximum eligible operating expenses for any such | 19 | | participant shall
be the amount of projected operating expenses | 20 | | upon which the appropriation
for such participant for Fiscal | 21 | | Year 1980 is based.
| 22 | | With respect to participants receiving federal research | 23 | | development and
demonstration operating assistance funds for | 24 | | operating assistance pursuant
to Section 6 of the "Urban Mass | 25 | | Transportation Act of 1964", as amended,
during the fiscal year | 26 | | ending June 30, 1979, the maximum eligible operating
expenses |
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| 1 | | for any such participant in any fiscal year after Fiscal Year | 2 | | 1980
shall not exceed such participant's eligible operating | 3 | | expenses for the
fiscal year ending June 30, 1980, plus in each | 4 | | year a 10% increase over
the maximum established for the | 5 | | preceding fiscal year. For Fiscal Year
1980, the maximum | 6 | | eligible operating expenses for any such participant shall
be | 7 | | the eligible operating expenses incurred during such fiscal | 8 | | year, or
projected operating expenses upon which the | 9 | | appropriation for such participant
for the Fiscal Year 1980 is | 10 | | based; whichever is less.
| 11 | | With respect to all participants other than any Metro-East | 12 | | Transit
District participant, the maximum eligible operating | 13 | | expenses for any such
participant in any fiscal year after | 14 | | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
| 15 | | shall be the amount
appropriated for such participant for the | 16 | | fiscal year ending June 30, 1985,
plus in each year a 10% | 17 | | increase over the maximum established for the preceding
year. | 18 | | For Fiscal Year 1985, the maximum eligible operating expenses | 19 | | for
any such participant shall be the amount of projected | 20 | | operating expenses
upon which the appropriation for such | 21 | | participant for Fiscal Year 1985 is
based.
| 22 | | With respect to any mass transit district participant that | 23 | | has increased
its district boundaries by annexing counties | 24 | | since 1998 and is maintaining a
level of local financial | 25 | | support, including all income and revenues, equal to
or greater | 26 | | than the level in the State fiscal year ending June 30, 2001, |
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| 1 | | the
maximum eligible operating expenses for any State fiscal | 2 | | year after 2002 (except State fiscal years
2006 through 2009) | 3 | | shall
be the amount appropriated for that participant for the | 4 | | State fiscal year
ending June 30, 2002, plus, in each State | 5 | | fiscal year, a 10% increase over the
preceding State fiscal | 6 | | year. For State fiscal year 2002, the maximum eligible
| 7 | | operating expenses for any such participant shall be the amount | 8 | | of projected
operating expenses upon which the appropriation | 9 | | for that participant for State
fiscal year 2002 is based. For | 10 | | that participant, eligible operating expenses
for State fiscal | 11 | | year 2002 in excess of the eligible operating expenses for the
| 12 | | State fiscal year ending June 30, 2001, plus 10%, must be | 13 | | attributed to the
provision of services in the newly annexed | 14 | | counties.
| 15 | | With respect to a participant that receives an initial | 16 | | appropriation in State
fiscal year 2002 or thereafter, the | 17 | | maximum eligible operating expenses for any State fiscal
year | 18 | | after 2003 (except State fiscal years
2006 through 2009) shall | 19 | | be the amount appropriated for that participant for the
State | 20 | | fiscal year in which it received its initial appropriation, | 21 | | plus, in each year, a 10% increase over
the preceding year. For | 22 | | the initial State fiscal year in which a participant received | 23 | | an appropriation, the maximum eligible operating
expenses for | 24 | | any such participant shall be the amount of projected operating
| 25 | | expenses upon which the appropriation for that participant for | 26 | | that State fiscal
year is based.
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| 1 | | With respect to the District serving primarily the counties | 2 | | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | 3 | | County Transit District shall no longer be included for new | 4 | | appropriation funding purposes as part of the Metro-East Public | 5 | | Transportation Fund and instead shall be included for new | 6 | | appropriation funding purposes as part of the Downstate Public | 7 | | Transportation Fund; provided, however, that nothing herein | 8 | | shall alter the eligibility of that District for previously | 9 | | appropriated funds to which it would otherwise be entitled.
| 10 | | With respect to the District serving primarily Madison | 11 | | County, beginning July 1, 2008, the Madison County Transit | 12 | | District shall no longer be included for new appropriation | 13 | | funding purposes as part of the Metro-East Public | 14 | | Transportation Fund and instead shall be included for new | 15 | | appropriation funding purposes as part of the Downstate Public | 16 | | Transportation Fund; provided, however, that nothing herein | 17 | | shall alter the eligibility of that District for previously | 18 | | appropriated funds to which it would otherwise be entitled. | 19 | | With respect to the fiscal year beginning July 1, 2007, and | 20 | | thereafter, the following shall be included for new | 21 | | appropriation funding purposes as part of the Downstate Public | 22 | | Transportation Fund: Bond County; Bureau County; Coles County; | 23 | | Edgar County; Stephenson County and the City of Freeport; Henry | 24 | | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | 25 | | County; Piatt County; Shelby County; Tazewell and Woodford | 26 | | Counties; Vermilion County; Williamson County; and Kendall |
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| 1 | | County.
| 2 | | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| 3 | | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
| 4 | | Sec. 2-14. Grants. (a) Upon a determination by the | 5 | | Department that any initial or amended
program of proposed | 6 | | expenditures is in compliance with the provisions of
this Act, | 7 | | and upon approval thereof, the Department shall enter into one | 8 | | or
more grant agreements with and shall make grants to that | 9 | | participant as
necessary to implement the adopted program of | 10 | | expenditures.
| 11 | | (b) All grants by the Department pursuant to this Act shall | 12 | | be
administered upon such conditions as the Secretary of | 13 | | Transportation shall
determine, consistent with the provisions | 14 | | and purpose of this Act. | 15 | | (c) Any procurement by a participant on a project for which | 16 | | the participant will be requesting operating reimbursement of | 17 | | the debt service pursuant to this Act, shall not be subject to | 18 | | the Department's procurement process, but shall be subject to a | 19 | | locally-approved procurement process that complies with all | 20 | | federal procurement standards.
| 21 | | (Source: P.A. 82-783.)
| 22 | | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
| 23 | | Sec. 2-15. Residual fund balance. | 24 | | (a) Except as otherwise provided in this Section,
all funds |
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| 1 | | which remain in the Downstate Public Transportation Fund or the
| 2 | | Metro-East Public Transportation Fund after the payment of the | 3 | | fourth quarterly
payment to participants other than Metro-East | 4 | | Transit District
participants and the last monthly payment to | 5 | | Metro-East Transit
participants in each fiscal year shall be | 6 | | transferred (i) to the
General Revenue Fund through fiscal year | 7 | | 2008 and (ii) to the Downstate Transit Improvement Fund for | 8 | | fiscal year 2009 and each fiscal year thereafter. Transfers | 9 | | shall be made no later than 90 days following the end of such | 10 | | fiscal
year. Beginning fiscal year 2010, all moneys each year | 11 | | in the Downstate Transit Improvement Fund, shall be held solely | 12 | | for the benefit of the participants in the Downstate Public | 13 | | Transportation Fund and shall be appropriated solely to the | 14 | | Department to make competitive capital grants to the | 15 | | participants of the respective funds and for no other purpose . | 16 | | However, such amount as the Department determines to be | 17 | | necessary
for (1) allocation to participants for the purposes | 18 | | of Section 2-7 for
the first quarter of the succeeding fiscal | 19 | | year and (2) an amount equal to
2% of the total allocations to | 20 | | participants in the fiscal year just ended
to be used for the | 21 | | purpose of audit adjustments shall be retained in such
Funds to | 22 | | be used by the Department for such purposes.
| 23 | | (b) Notwithstanding any other provision of law, in addition | 24 | | to any other transfers that may be provided by law, on July 1, | 25 | | 2011, or as soon thereafter as practical, the State Comptroller | 26 | | shall direct and the State Treasurer shall transfer the |
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| 1 | | remaining balance from the Metro East Public Transportation | 2 | | Fund into the General Revenue Fund. Upon completion of the | 3 | | transfers, the Metro East Public Transportation Fund is | 4 | | dissolved, and any future deposits due to that Fund and any | 5 | | outstanding obligations or liabilities of that Fund pass to the | 6 | | General Revenue Fund. | 7 | | (Source: P.A. 97-72, eff. 7-1-11.)
| 8 | | (30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683)
| 9 | | Sec. 3-1.02.
"Participant" means any county or county | 10 | | acting as the primary participant on behalf of entities bound | 11 | | by an intergovernmental agreement located outside the | 12 | | boundaries
of the Regional Transportation Authority as | 13 | | established under the Regional
Transportation Authority Act | 14 | | and outside the Bi-State Metropolitan Development
District | 15 | | established under an Act approved July 26, 1949, except that
| 16 | | beginning, July 1, 1987 the counties within the boundaries of | 17 | | the Bi-State
Metropolitan Development District may be eligible | 18 | | for capital assistance only,
or within such county any | 19 | | municipality with 20,000 or more population that is
not | 20 | | included in an urbanized area or the boundaries of a local mass | 21 | | transit
district; or within such county any municipality with | 22 | | 20,000 or less population
receiving State mass transportation | 23 | | operating assistance under the Downstate
Public Transportation | 24 | | Act during Fiscal Year 1979; or within such county or
counties | 25 | | a local mass transit district organized under the local Mass |
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| 1 | | Transit
District Act which is not included in an urbanized area | 2 | | or the boundaries of a
local mass transit district which | 3 | | includes an urbanized area; provided,
however, that no such | 4 | | entity shall be eligible to participate unless it agrees
to | 5 | | adhere to the regulations and requirements of the Secretary of
| 6 | | Transportation of the federal Department of Transportation | 7 | | affecting Section 18
assistance or any other conditions as | 8 | | deemed reasonable and necessary by the
Illinois Department of | 9 | | Transportation.
| 10 | | (Source: P.A. 87-1235.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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