State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Conference Committee Report 001 ]

90_HB0994enr

      30 ILCS 740/2-2.04        from Ch. 111 2/3, par. 662.04
          Amends the Downstate Public Transportation Act.  Provides
      that funding for eligible operating expenses may  exceed  the
      10%  increase  over the maximum established for the preceding
      year for participants that  are  expanding  a  transportation
      district.
                                                     LRB9004689MWpc
HB0994 Enrolled                                LRB9004689MWpc
 1        AN  ACT  to amend the Downstate Public Transportation Act
 2    by changing Section 2-2.04.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Downstate Public Transportation Act is
 6    amended by changing Section 2-2.04 as 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, payment
12    made for debt service (including principal and  interest)  on
13    publicly   owned  equipment  or  facilities,  and  any  other
14    expenditure  which  is  an  operating  expense  according  to
15    standard accounting practices for  the  providing  of  public
16    transportation. Eligible operating expenses shall not include
17    allowances:  (a) for depreciation whether funded or unfunded;
18    (b) for amortization of any intangible costs;  (c)  for  debt
19    service  on  capital  acquired with the assistance of capital
20    grant funds provided  by  the  State  of  Illinois;  (d)  for
21    profits or return on investment; (e) for excessive payment to
22    associated   entities;   (f)   for  Comprehensive  Employment
23    Training  Act  expenses;  (g)  for  costs  reimbursed   under
24    Sections  6  and  8  of the "Urban Mass Transportation Act of
25    1964", as amended;  (h) for entertainment expenses;  (i)  for
26    charter  expenses;  (j)  for  fines  and  penalties;  (k) for
27    charitable donations; (l) for interest expense on  long  term
28    borrowing  and  debt  retirement other than on publicly owned
29    equipment or facilities; (m) for income taxes or (n) for such
30    other expenses as the  Department  may  determine  consistent
31    with  federal  Department  of  Transportation  regulations or
HB0994 Enrolled             -2-                LRB9004689MWpc
 1    requirements.
 2        With respect to participants other  than  any  Metro-East
 3    Transit  District  participant  and  those  receiving federal
 4    research development  and  demonstration  funds  pursuant  to
 5    Section  6 of the "Urban Mass Transportation Act of 1964", as
 6    amended, during the fiscal year ending  June  30,  1979,  the
 7    maximum  eligible operating expenses for any such participant
 8    in any fiscal year after Fiscal Year 1980 shall be the amount
 9    appropriated for such participant for the fiscal year  ending
10    June  30,  1980,  plus  in  each year a 10% increase over the
11    maximum established  for  the  preceding  fiscal  year.   For
12    Fiscal  Year 1980 the maximum eligible operating expenses for
13    any  such  participant  shall  be  the  amount  of  projected
14    operating expenses upon  which  the  appropriation  for  such
15    participant for Fiscal Year 1980 is based.
16        With  respect  to participants receiving federal research
17    development and demonstration operating assistance funds  for
18    operating assistance pursuant to Section 6 of the "Urban Mass
19    Transportation  Act  of  1964", as amended, during the fiscal
20    year ending June 30, 1979,  the  maximum  eligible  operating
21    expenses  for  any  such participant in any fiscal year after
22    Fiscal Year 1980 shall not exceed such participant's eligible
23    operating expenses for the fiscal year ending June 30,  1980,
24    plus in each year a 10% increase over the maximum established
25    for  the  preceding  fiscal  year.  For Fiscal Year 1980, the
26    maximum eligible operating expenses for any such  participant
27    shall be the eligible operating expenses incurred during such
28    fiscal  year,  or projected operating expenses upon which the
29    appropriation for such participant for the Fiscal  Year  1980
30    is based; whichever is less.
31        With   respect   to   all  participants  other  than  any
32    Metro-East Transit District participant, the maximum eligible
33    operating expenses for any such  participant  in  any  fiscal
34    year  after Fiscal Year 1985 shall be the amount appropriated
HB0994 Enrolled             -3-                LRB9004689MWpc
 1    for such participant for the  fiscal  year  ending  June  30,
 2    1985,  plus  in  each  year  a  10% increase over the maximum
 3    established for the preceding year. For Fiscal Year 1985, the
 4    maximum eligible operating expenses for any such  participant
 5    shall  be  the  amount  of  projected operating expenses upon
 6    which the appropriation for such participant for Fiscal  Year
 7    1985 is based.
 8        The 10% maximum increase over the amount appropriated for
 9    the   preceding   year,   however,  may  be  exceeded  for  a
10    participant that is a rural transit district that received an
11    initial appropriation in Fiscal  Year  1994.   For  any  such
12    participant,  a  10%  maximum increase is established in each
13    subsequent year following the Fiscal  Year  when  the  amount
14    appropriated   is  equal  to  or  greater  than  the  maximum
15    allowable under Section 2-7 of this Act.
16    (Source: P.A. 86-590.)
17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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