[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
91_HB4253ham001
LRB9110370DHpkam
1 AMENDMENT TO HOUSE BILL 4253
2 AMENDMENT NO. . Amend House Bill 4253 as follows:
3 on page 1, by replacing line 1 with the following:
4 "AN ACT to amend the Downstate Public Transportation Act
5 by changing Sections 2-2.02, 2-2.04, and 2-7."; and
6 on page 1, by replacing lines 4 through 18 with the
7 following:
8 "Section 5. The Downstate Public Transportation Act is
9 amended by changing Sections 2-2.02, 2-2.04, and 2-7 as
10 follows:
11 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
12 Sec. 2-2.02. "Participant" means:
13 (1) a city, village, or incorporated town, or a local
14 mass transit district organized under the Local Mass Transit
15 District Act (a) serving an urbanized area of over 50,000
16 population on December 28, 1989, (b) receiving State mass
17 transportation operating assistance pursuant to the Downstate
18 Public Transportation Act during Fiscal Year 1979, or (c)
19 serving a nonurbanized area and receiving federal rural
20 public transportation assistance during Fiscal Year 2001 on
21 the effective date of this amendatory Act of 1993; or
-2- LRB9110370DHpkam
1 (2) any Metro-East Transit District established pursuant
2 to Section 3 of the Local Mass Transit District Act and
3 serving one or more of the Counties of Madison, Monroe, and
4 St. Clair during Fiscal Year 1989, all located outside the
5 boundaries of the Regional Transportation Authority as
6 established pursuant to the Regional Transportation Authority
7 Act.
8 (Source: P.A. 91-357, eff. 7-29-99.)
9 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
10 Sec. 2-2.04. "Eligible operating expenses" means all
11 expenses required for public transportation, including
12 employee wages and benefits, materials, fuels, supplies,
13 rental of facilities, taxes other than income taxes, payment
14 made for debt service (including principal and interest) on
15 publicly owned equipment or facilities, and any other
16 expenditure which is an operating expense according to
17 standard accounting practices for the providing of public
18 transportation. Eligible operating expenses shall not include
19 allowances: (a) for depreciation whether funded or unfunded;
20 (b) for amortization of any intangible costs; (c) for debt
21 service on capital acquired with the assistance of capital
22 grant funds provided by the State of Illinois; (d) for
23 profits or return on investment; (e) for excessive payment to
24 associated entities; (f) for Comprehensive Employment
25 Training Act expenses; (g) for costs reimbursed under
26 Sections 6 and 8 of the "Urban Mass Transportation Act of
27 1964", as amended; (h) for entertainment expenses; (i) for
28 charter expenses; (j) for fines and penalties; (k) for
29 charitable donations; (l) for interest expense on long term
30 borrowing and debt retirement other than on publicly owned
31 equipment or facilities; (m) for income taxes; or (n) for
32 such other expenses as the Department may determine
33 consistent with federal Department of Transportation
-3- LRB9110370DHpkam
1 regulations or 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
-4- LRB9110370DHpkam
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 received an initial appropriation in Fiscal
11 Year 1994, or Fiscal Year 1998, or Fiscal Year 2001. For any
12 such participant, a 10% maximum increase over the amount
13 appropriated in the preceding year is established in each
14 subsequent year following the Fiscal Year when the amount
15 appropriated is equal to or greater than the maximum
16 allowable under Section 2-7 of this Act.
17 (Source: P.A. 90-508, eff. 8-22-97; 90-694, eff. 8-7-98.)
18 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
19 Sec. 2-7. Quarterly reports; annual audit.
20 (a) Any Metro-East Transit District participant shall,
21 no later than 30 days following the end of each month of any
22 fiscal year, file with the Department on forms provided by
23 the Department for that purpose, a report of the actual
24 operating deficit experienced during that quarter. The
25 Department shall, upon receipt of the quarterly report, and
26 upon determining that such operating deficits were incurred
27 in conformity with the program of proposed expenditures
28 approved by the Department pursuant to Section 2-11, pay to
29 any Metro-East Transit District participant such portion of
30 such operating deficit as funds have been transferred to the
31 Metro-East Transit Public Transportation Fund and allocated
32 to that Metro-East Transit District participant.
33 (b) Each participant other than any Metro-East Transit
-5- LRB9110370DHpkam
1 District participant shall, 30 days before the end of each
2 quarter, file with the Department on forms provided by the
3 Department for such purposes a report of the projected
4 eligible operating expenses to be incurred in the next
5 quarter and 30 days before the third and fourth quarters of
6 any fiscal year a statement of actual eligible operating
7 expenses incurred in the preceding quarters. Within 45 days
8 of receipt by the Department of such quarterly report, the
9 Comptroller shall order paid and the Treasurer shall pay from
10 the Downstate Public Transportation Fund to each participant
11 an amount equal to one-third of such participant's eligible
12 operating expenses; provided, however, that in Fiscal Year
13 1997, the amount paid to each participant from the Downstate
14 Public Transportation Fund shall be an amount equal to 47% of
15 such participant's eligible operating expenses and shall be
16 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
17 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
18 and thereafter, and in the case of rural mass transit
19 districts that lack local taxes or appropriations, the amount
20 paid to each participant shall be equal to 75% of the
21 eligible operating expenses in Fiscal Year 2002 and
22 thereafter; however, in any year that a participant receives
23 funding under subsection (i) of Section 2705-305 of the
24 Department of Transportation Law (20 ILCS 2705/2705-305),
25 that participant shall be eligible only for assistance equal
26 to the following percentage of its eligible operating
27 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
28 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
29 Fiscal Year 2001 and thereafter. Any such payment for the
30 third and fourth quarters of any fiscal year shall be
31 adjusted to reflect actual eligible operating expenses for
32 preceding quarters of such fiscal year. However, no
33 participant shall receive an amount less than that which was
34 received in the immediate prior year, provided in the event
-6- LRB9110370DHpkam
1 of a shortfall in the fund those participants receiving less
2 than their full allocation pursuant to Section 2-6 of this
3 Article shall be the first participants to receive an amount
4 not less than that received in the immediate prior year.
5 (c) No later than 180 days following the last day of the
6 Fiscal Year each participant shall provide the Department
7 with an audit prepared by a Certified Public Accountant
8 covering that Fiscal Year. Any discrepancy between the
9 grants paid and one-third of the eligible operating expenses
10 or in the case of the Bi-State Metropolitan Development
11 District the approved program amount shall be reconciled by
12 appropriate payment or credit. Beginning in Fiscal Year 1985,
13 for those participants other than the Bi-State Metropolitan
14 Development District, any discrepancy between the grants paid
15 and the percentage of the eligible operating expenses
16 provided for by paragraph (b) of this Section shall be
17 reconciled by appropriate payment or credit.
18 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
19 revised 8-9-99.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".