Public Act 90-0508 of the 90th General Assembly

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Public Act 90-0508

HB0994 Enrolled                                LRB9004689MWpc

    AN ACT to amend the Downstate Public  Transportation  Act
by changing Section 2-2.04.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Downstate Public  Transportation  Act  is
amended by changing Section 2-2.04 as follows:

    (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.
    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 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.
    The 10% maximum increase over the amount appropriated for
the  preceding  year,  however,  may  be   exceeded   for   a
participant that is a rural transit district that received an
initial  appropriation  in  Fiscal  Year  1994.  For any such
participant, a 10% maximum increase is  established  in  each
subsequent  year  following  the  Fiscal Year when the amount
appropriated  is  equal  to  or  greater  than  the   maximum
allowable under Section 2-7 of this Act.
(Source: P.A. 86-590.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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