(30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
Sec. 2-2.04. "Eligible operating expenses" means all expenses required
for public transportation, including employee wages and benefits,
materials, fuels, supplies, rental of facilities, taxes other than income
taxes, payment made for debt service (including principal and interest) on
publicly owned equipment or facilities, and any other expenditure which is
an operating expense according to standard accounting practices for the
providing of public transportation. Eligible operating expenses shall not
include allowances: (a) for depreciation whether funded or unfunded; (b)
for amortization of any intangible costs; (c) for debt service on capital
acquired with the assistance of capital grant funds provided by the State
of Illinois; (d) for profits or return on investment; (e) for excessive
payment to associated entities; (f) for Comprehensive Employment Training
Act expenses; (g) for costs reimbursed under Sections 6 and 8 of the "Urban
Mass Transportation Act of 1964", as amended; (h) for entertainment
expenses; (i) for charter expenses; (j) for fines and penalties; (k) for
charitable donations; (l) for interest expense on long term borrowing and
debt retirement other than on publicly owned equipment or facilities; (m)
for income taxes; or (n) for such other expenses as the Department may
determine consistent with federal Department of Transportation regulations
or requirements. In consultation with participants, the Department shall, by October 2008, promulgate or update rules, pursuant to the Illinois Administrative Procedure Act, concerning eligible expenses to ensure consistent application of the Act, and the Department shall provide written copies of those rules to all eligible recipients. The Department shall review this process in the same manner no less frequently than every 5 years.
With respect to participants other than any Metro-East Transit District
participant and those receiving federal research development and demonstration
funds pursuant to Section 6 of the "Urban Mass Transportation Act of 1964",
as amended, during the fiscal year ending June 30, 1979, the maximum eligible
operating expenses for any such participant in any fiscal year after Fiscal
Year 1980 shall be the amount appropriated for such participant for the
fiscal year ending June 30, 1980, plus in each year a 10% increase over
the maximum established for the preceding fiscal year. For Fiscal Year
1980 the maximum eligible operating expenses for any such participant shall
be the amount of projected operating expenses upon which the appropriation
for such participant for Fiscal Year 1980 is based.
With respect to participants receiving federal research development and
demonstration operating assistance funds for operating assistance pursuant
to Section 6 of the "Urban Mass Transportation Act of 1964", as amended,
during the fiscal year ending June 30, 1979, the maximum eligible operating
expenses for any such participant in any fiscal year after Fiscal Year 1980
shall not exceed such participant's eligible operating expenses for the
fiscal year ending June 30, 1980, plus in each year a 10% increase over
the maximum established for the preceding fiscal year. For Fiscal Year
1980, the maximum eligible operating expenses for any such participant shall
be the eligible operating expenses incurred during such fiscal year, or
projected operating expenses upon which the appropriation for such participant
for the Fiscal Year 1980 is based; whichever is less.
With respect to all participants other than any Metro-East Transit
District participant, the maximum eligible operating expenses for any such
participant in any fiscal year after Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
shall be the amount
appropriated for such participant for the fiscal year ending June 30, 1985,
plus in each year a 10% increase over the maximum established for the preceding
year. For Fiscal Year 1985, the maximum eligible operating expenses for
any such participant shall be the amount of projected operating expenses
upon which the appropriation for such participant for Fiscal Year 1985 is
based.
With respect to any mass transit district participant that has increased
its district boundaries by annexing counties since 1998 and is maintaining a
level of local financial support, including all income and revenues, equal to
or greater than the level in the State fiscal year ending June 30, 2001, the
maximum eligible operating expenses for any State fiscal year after 2002 (except State fiscal years
2006 through 2009) shall
be the amount appropriated for that participant for the State fiscal year
ending June 30, 2002, plus, in each State fiscal year, a 10% increase over the
preceding State fiscal year. For State fiscal year 2002, the maximum eligible
operating expenses for any such participant shall be the amount of projected
operating expenses upon which the appropriation for that participant for State
fiscal year 2002 is based. For that participant, eligible operating expenses
for State fiscal year 2002 in excess of the eligible operating expenses for the
State fiscal year ending June 30, 2001, plus 10%, must be attributed to the
provision of services in the newly annexed counties.
With respect to a participant that receives an initial appropriation in State
fiscal year 2002 or thereafter, the maximum eligible operating expenses for any State fiscal
year after 2003 (except State fiscal years
2006 through 2009) shall be the amount appropriated for that participant for the
State fiscal year in which it received its initial appropriation, plus, in each year, a 10% increase over
the preceding year. For the initial State fiscal year in which a participant received an appropriation, the maximum eligible operating
expenses for any such participant shall be the amount of projected operating
expenses upon which the appropriation for that participant for that State fiscal
year is based.
With respect to the District serving primarily the counties of Monroe and St. Clair, beginning July 1, 2005, the St. Clair County Transit District shall no longer be included for new appropriation funding purposes as part of the Metro-East Public Transportation Fund and instead shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund; provided, however, that nothing herein shall alter the eligibility of that District for previously appropriated funds to which it would otherwise be entitled.
With respect to the District serving primarily Madison County, beginning July 1, 2008, the Madison County Transit District shall no longer be included for new appropriation funding purposes as part of the Metro-East Public Transportation Fund and instead shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund; provided, however, that nothing herein shall alter the eligibility of that District for previously appropriated funds to which it would otherwise be entitled. With respect to the fiscal year beginning July 1, 2007, and thereafter, the following shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund: Bond County; Bureau County; Coles County; Edgar County; Stephenson County and the City of Freeport; Henry County; Jo Daviess County; Kankakee and McLean Counties; Peoria County; Piatt County; Shelby County; Tazewell and Woodford Counties; Vermilion County; Williamson County; and Kendall County.
(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
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