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92_SB0103eng SB103 Engrossed LRB9201942SMdv 1 AN ACT to amend the Downstate Public Transportation Act 2 by changing Sections 2-2.02 and 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 Sections 2-2.02 and 2-2.04 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, or a local 10 mass transit district organized under the Local Mass Transit 11 District Act (a) serving an urbanized area of over 50,000 12 population on December 28, 1989, (b) receiving State mass 13 transportation operating assistance pursuant to the Downstate 14 Public Transportation Act during Fiscal Year 1979, or (c) 15 serving a nonurbanized area and receiving federal rural 16 public transportation assistance during Fiscal Year 2001on17the effective date of this amendatory Act of 1993; or 18 (2) any Metro-East Transit District established pursuant 19 to Section 3 of the Local Mass Transit District Act and 20 serving one or more of the Counties of Madison, Monroe, and 21 St. Clair during Fiscal Year 1989, all located outside the 22 boundaries of the Regional Transportation Authority as 23 established pursuant to the Regional Transportation Authority 24 Act. 25 (Source: P.A. 91-357, eff. 7-29-99.) 26 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04) 27 Sec. 2-2.04. "Eligible operating expenses" means all 28 expenses required for public transportation, including 29 employee wages and benefits, materials, fuels, supplies, 30 rental of facilities, taxes other than income taxes, payment SB103 Engrossed -2- LRB9201942SMdv 1 made for debt service (including principal and interest) on 2 publicly owned equipment or facilities, and any other 3 expenditure which is an operating expense according to 4 standard accounting practices for the providing of public 5 transportation. Eligible operating expenses shall not include 6 allowances: (a) for depreciation whether funded or unfunded; 7 (b) for amortization of any intangible costs; (c) for debt 8 service on capital acquired with the assistance of capital 9 grant funds provided by the State of Illinois; (d) for 10 profits or return on investment; (e) for excessive payment to 11 associated entities; (f) for Comprehensive Employment 12 Training Act expenses; (g) for costs reimbursed under 13 Sections 6 and 8 of the "Urban Mass Transportation Act of 14 1964", as amended; (h) for entertainment expenses; (i) for 15 charter expenses; (j) for fines and penalties; (k) for 16 charitable donations; (l) for interest expense on long term 17 borrowing and debt retirement other than on publicly owned 18 equipment or facilities; (m) for income taxes; or (n) for 19 such other expenses as the Department may determine 20 consistent with federal Department of Transportation 21 regulations or requirements. 22 With respect to participants other than any Metro-East 23 Transit District participant and those receiving federal 24 research development and demonstration funds pursuant to 25 Section 6 of the "Urban Mass Transportation Act of 1964", as 26 amended, during the fiscal year ending June 30, 1979, the 27 maximum eligible operating expenses for any such participant 28 in any fiscal year after Fiscal Year 1980 shall be the amount 29 appropriated for such participant for the fiscal year ending 30 June 30, 1980, plus in each year a 10% increase over the 31 maximum established for the preceding fiscal year. For 32 Fiscal Year 1980 the maximum eligible operating expenses for 33 any such participant shall be the amount of projected 34 operating expenses upon which the appropriation for such SB103 Engrossed -3- LRB9201942SMdv 1 participant for Fiscal Year 1980 is based. 2 With respect to participants receiving federal research 3 development and demonstration operating assistance funds for 4 operating assistance pursuant to Section 6 of the "Urban Mass 5 Transportation Act of 1964", as amended, during the fiscal 6 year ending June 30, 1979, the maximum eligible operating 7 expenses for any such participant in any fiscal year after 8 Fiscal Year 1980 shall not exceed such participant's eligible 9 operating expenses for the fiscal year ending June 30, 1980, 10 plus in each year a 10% increase over the maximum established 11 for the preceding fiscal year. For Fiscal Year 1980, the 12 maximum eligible operating expenses for any such participant 13 shall be the eligible operating expenses incurred during such 14 fiscal year, or projected operating expenses upon which the 15 appropriation for such participant for the Fiscal Year 1980 16 is based; whichever is less. 17 With respect to all participants other than any 18 Metro-East Transit District participant, the maximum eligible 19 operating expenses for any such participant in any fiscal 20 year after Fiscal Year 1985 shall be the amount appropriated 21 for such participant for the fiscal year ending June 30, 22 1985, plus in each year a 10% increase over the maximum 23 established for the preceding year. For Fiscal Year 1985, the 24 maximum eligible operating expenses for any such participant 25 shall be the amount of projected operating expenses upon 26 which the appropriation for such participant for Fiscal Year 27 1985 is based. 28 The 10% maximum increase over the amount appropriated for 29 the preceding year, however, may be exceeded for a 30 participant that received an initial appropriation in Fiscal 31 Year 1994,orFiscal Year 1998, or Fiscal Year 2002. For any 32 such participant, a 10% maximum increase over the amount 33 appropriated in the preceding year is established in each 34 subsequent year following the Fiscal Year when the amount SB103 Engrossed -4- LRB9201942SMdv 1 appropriated is equal to or greater than the maximum 2 allowable under Section 2-7 of this Act. 3 (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.