Public Act 90-0694 of the 90th General Assembly
Public Act 90-0694
HB2295 Enrolled LRB9005887MWpc
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 or Fiscal Year
1998. For any such participant, a 10% maximum increase over
the amount appropriated in the preceding year 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. 90-508, eff. 8-22-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.