Bill Text: IL HB3863 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the State Finance Act. Makes a technical change in a Section concerning required reports and accounts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3863 Detail]
Download: Illinois-2013-HB3863-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3863
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2 | AMENDMENT NO. ______. Amend House Bill 3863 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Downstate Public Transportation Act is | ||||||
5 | amended by changing Sections 2-2.04, 2-10, 2-14, and 2-15 as | ||||||
6 | follows:
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7 | (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
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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, any | ||||||
12 | payment made for debt service (including principal and | ||||||
13 | interest) by any participant on
publicly owned equipment or | ||||||
14 | facilities, payment made to the Illinois Municipal Retirement | ||||||
15 | Fund for the purpose of addressing the unfunded pension | ||||||
16 | liability, and any other expenditure which is
an operating |
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1 | expense according to standard accounting practices for the
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2 | providing of public transportation. Eligible operating | ||||||
3 | expenses shall not
include allowances: (a) for depreciation | ||||||
4 | whether funded or unfunded; (b)
for amortization of any | ||||||
5 | intangible costs; (c) for debt service on capital
acquired with | ||||||
6 | the assistance of capital grant funds provided by the State
of | ||||||
7 | Illinois; (d) for profits or return on investment; (e) for | ||||||
8 | excessive
payment to associated entities; (f) for | ||||||
9 | Comprehensive Employment Training
Act expenses; (g) (blank) | ||||||
10 | for costs reimbursed under Sections 6 and 8 of the "Urban
Mass | ||||||
11 | Transportation Act of 1964", as amended ; (h) for entertainment
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12 | expenses; (i) for charter expenses; (j) for fines and | ||||||
13 | penalties; (k) for
charitable donations; (l) for interest | ||||||
14 | expense on long term borrowing and
debt retirement other than | ||||||
15 | on publicly owned equipment or facilities; (m)
for income | ||||||
16 | taxes; or (n) for such other expenses as the Department may
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17 | determine consistent with federal Department of Transportation | ||||||
18 | regulations
or requirements. In consultation with | ||||||
19 | participants, the Department shall, by October 2008, | ||||||
20 | promulgate or update rules, pursuant to the Illinois | ||||||
21 | Administrative Procedure Act, concerning eligible expenses to | ||||||
22 | ensure consistent application of the Act, and the Department | ||||||
23 | shall provide written copies of those rules to all eligible | ||||||
24 | recipients. The Department shall review this process in the | ||||||
25 | same manner no less frequently than every 5 years.
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26 | With respect to participants other than any Metro-East |
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1 | Transit District
participant and those receiving federal | ||||||
2 | research development and demonstration
funds pursuant to | ||||||
3 | Section 6 of the "Urban Mass Transportation Act of 1964",
as | ||||||
4 | amended, during the fiscal year ending June 30, 1979, the | ||||||
5 | maximum eligible
operating expenses for any such participant in | ||||||
6 | any fiscal year after Fiscal
Year 1980 shall be the amount | ||||||
7 | appropriated for such participant for the
fiscal year ending | ||||||
8 | June 30, 1980, plus in each year a 10% increase over
the | ||||||
9 | maximum established for the preceding fiscal year. For Fiscal | ||||||
10 | Year
1980 the maximum eligible operating expenses for any such | ||||||
11 | participant shall
be the amount of projected operating expenses | ||||||
12 | upon which the appropriation
for such participant for Fiscal | ||||||
13 | Year 1980 is based.
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14 | With respect to participants receiving federal research | ||||||
15 | development and
demonstration operating assistance funds for | ||||||
16 | operating assistance pursuant
to Section 6 of the "Urban Mass | ||||||
17 | Transportation Act of 1964", as amended,
during the fiscal year | ||||||
18 | ending June 30, 1979, the maximum eligible operating
expenses | ||||||
19 | for any such participant in any fiscal year after Fiscal Year | ||||||
20 | 1980
shall not exceed such participant's eligible operating | ||||||
21 | expenses for the
fiscal year ending June 30, 1980, plus in each | ||||||
22 | year a 10% increase over
the maximum established for the | ||||||
23 | preceding fiscal year. For Fiscal Year
1980, the maximum | ||||||
24 | eligible operating expenses for any such participant shall
be | ||||||
25 | the eligible operating expenses incurred during such fiscal | ||||||
26 | year, or
projected operating expenses upon which the |
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1 | appropriation for such participant
for the Fiscal Year 1980 is | ||||||
2 | based; whichever is less.
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3 | With respect to all participants other than any Metro-East | ||||||
4 | Transit
District participant , the maximum eligible operating | ||||||
5 | expenses for any such
participant in any fiscal year after | ||||||
6 | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
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7 | shall be the amount
appropriated for such participant for the | ||||||
8 | fiscal year ending June 30, 1985,
plus (i) in fiscal years | ||||||
9 | prior to Fiscal Year 2015, in each year a 10% increase over the | ||||||
10 | maximum established for the preceding
year and (ii) for Fiscal | ||||||
11 | Year 2015 and each fiscal year thereafter, a percentage | ||||||
12 | increase equal to the percentage change in transfers ordered in | ||||||
13 | to the Downstate Public Transportation Fund under subsection | ||||||
14 | (b-6) of Section 2-3 of this Act for the most recently | ||||||
15 | completed fiscal year over the amount ordered transferred under | ||||||
16 | that Section in the immediately preceding fiscal year, except | ||||||
17 | that, if the percentage change is zero or less than zero, then | ||||||
18 | the maximum established shall be equal to the maximum | ||||||
19 | established for the preceding fiscal year . For Fiscal Year | ||||||
20 | 1985, the maximum eligible operating expenses for
any such | ||||||
21 | participant shall be the amount of projected operating expenses
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22 | upon which the appropriation for such participant for Fiscal | ||||||
23 | Year 1985 is
based.
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24 | With respect to any mass transit district participant that | ||||||
25 | has increased
its district boundaries by annexing counties | ||||||
26 | since 1998 and is maintaining a
level of local financial |
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1 | support, including all income and revenues, equal to
or greater | ||||||
2 | than the level in the State fiscal year ending June 30, 2001, | ||||||
3 | the
maximum eligible operating expenses for any State fiscal | ||||||
4 | year after 2002 (except State fiscal years
2006 through 2009) | ||||||
5 | shall
be the amount appropriated for that participant for the | ||||||
6 | State fiscal year
ending June 30, 2002, plus, in each State | ||||||
7 | fiscal year, a 10% increase over the
preceding State fiscal | ||||||
8 | year. For State fiscal year 2002, the maximum eligible
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9 | operating expenses for any such participant shall be the amount | ||||||
10 | of projected
operating expenses upon which the appropriation | ||||||
11 | for that participant for State
fiscal year 2002 is based. For | ||||||
12 | that participant, eligible operating expenses
for State fiscal | ||||||
13 | year 2002 in excess of the eligible operating expenses for the
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14 | State fiscal year ending June 30, 2001, plus 10%, must be | ||||||
15 | attributed to the
provision of services in the newly annexed | ||||||
16 | counties.
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17 | With respect to a participant that receives an initial | ||||||
18 | appropriation in State
fiscal year 2002 or thereafter, the | ||||||
19 | maximum eligible operating expenses for any State fiscal
year | ||||||
20 | after 2003 (except State fiscal years
2006 through 2009) shall | ||||||
21 | be the amount appropriated for that participant for the
State | ||||||
22 | fiscal year in which it received its initial appropriation, | ||||||
23 | plus, in fiscal years prior to Fiscal Year 2015 in each year , a | ||||||
24 | 10% increase over
the preceding year and (ii) for Fiscal Year | ||||||
25 | 2015 and each fiscal year thereafter, a percentage increase | ||||||
26 | equal to the percentage change in transfers ordered in to the |
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1 | Downstate Public Transportation Fund under subsection (b-6) of | ||||||
2 | Section 2-3 of this Act for the most recently completed fiscal | ||||||
3 | year over the amount ordered transferred under that Section in | ||||||
4 | the immediately preceding fiscal year, except that, if the | ||||||
5 | percentage change is zero or less than zero, then the maximum | ||||||
6 | established shall be equal to the maximum established for the | ||||||
7 | preceding fiscal year . For the initial State fiscal year in | ||||||
8 | which a participant received an appropriation, the maximum | ||||||
9 | eligible operating
expenses for any such participant shall be | ||||||
10 | the amount of projected operating
expenses upon which the | ||||||
11 | appropriation for that participant for that State fiscal
year | ||||||
12 | is based.
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13 | With respect to the District serving primarily the counties | ||||||
14 | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||||||
15 | County Transit District shall no longer be included for new | ||||||
16 | appropriation funding purposes as part of the Metro-East Public | ||||||
17 | Transportation Fund and instead shall be included for new | ||||||
18 | appropriation funding purposes as part of the Downstate Public | ||||||
19 | Transportation Fund; provided, however, that nothing herein | ||||||
20 | shall alter the eligibility of that District for previously | ||||||
21 | appropriated funds to which it would otherwise be entitled.
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22 | With respect to the District serving primarily Madison | ||||||
23 | County, beginning July 1, 2008, the Madison County Transit | ||||||
24 | District shall no longer be included for new appropriation | ||||||
25 | funding purposes as part of the Metro-East Public | ||||||
26 | Transportation Fund and instead shall be included for new |
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1 | appropriation funding purposes as part of the Downstate Public | ||||||
2 | Transportation Fund; provided, however, that nothing herein | ||||||
3 | shall alter the eligibility of that District for previously | ||||||
4 | appropriated funds to which it would otherwise be entitled. | ||||||
5 | With respect to the fiscal year beginning July 1, 2007, and | ||||||
6 | thereafter, the following shall be included for new | ||||||
7 | appropriation funding purposes as part of the Downstate Public | ||||||
8 | Transportation Fund: Bond County; Bureau County; Coles County; | ||||||
9 | Edgar County; Stephenson County and the City of Freeport; Henry | ||||||
10 | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | ||||||
11 | County; Piatt County; Shelby County; Tazewell and Woodford | ||||||
12 | Counties; Vermilion County; Williamson County; and Kendall | ||||||
13 | County.
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14 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
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15 | (30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
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16 | Sec. 2-10. Cooperative projects. Nothing in this Act shall | ||||||
17 | prohibit any participant from (i) including in a
program of | ||||||
18 | proposed expenditures funding for a portion of a cooperative
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19 | public transportation project or purpose, the total cost of | ||||||
20 | which is shared
among one or more other participants or other | ||||||
21 | financial contributors, as
long as the residents of the | ||||||
22 | participant are served by any such project or
purpose or (ii) | ||||||
23 | applying for and receiving another participant's appropriation | ||||||
24 | if both participants agree by intergovernmental agreement to | ||||||
25 | such agreement. Intergovernmental agreements must be in a form |
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1 | approved by the Department and contain provisions for service | ||||||
2 | equity in each participant's area and participant oversight of | ||||||
3 | these requirements .
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4 | (Source: P.A. 82-783.)
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5 | (30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
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6 | Sec. 2-14. Grants. (a) Upon a determination by the | ||||||
7 | Department that any initial or amended
program of proposed | ||||||
8 | expenditures is in compliance with the provisions of
this Act, | ||||||
9 | and upon approval thereof, the Department shall enter into one | ||||||
10 | or
more grant agreements with and shall make grants to that | ||||||
11 | participant as
necessary to implement the adopted program of | ||||||
12 | expenditures.
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13 | (b) All grants by the Department pursuant to this Act shall | ||||||
14 | be
administered upon such conditions as the Secretary of | ||||||
15 | Transportation shall
determine, consistent with the provisions | ||||||
16 | and purpose of this Act.
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17 | (c) Any procurement by a participant with respect to a | ||||||
18 | project for which the participant will be requesting operating | ||||||
19 | reimbursement of the debt service pursuant to this Act, shall | ||||||
20 | not be subject to the Department's procurement process, but | ||||||
21 | shall be subject to a locally approved procurement process that | ||||||
22 | complies with all federal procurement standards. | ||||||
23 | (Source: P.A. 82-783.)
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24 | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
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1 | Sec. 2-15. Residual fund balance. | ||||||
2 | (a) Except as otherwise provided in this Section,
all funds | ||||||
3 | which remain in the Downstate Public Transportation Fund or the
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4 | Metro-East Public Transportation Fund after the payment of the | ||||||
5 | fourth quarterly
payment to participants other than Metro-East | ||||||
6 | Transit District
participants and the last monthly payment to | ||||||
7 | Metro-East Transit
participants in each fiscal year shall be | ||||||
8 | transferred (i) to the
General Revenue Fund through fiscal year | ||||||
9 | 2008 and (ii) to the Downstate Transit Improvement Fund for | ||||||
10 | Fiscal Years fiscal year 2009 through 2012 and each fiscal year | ||||||
11 | thereafter . Any amounts requested by the Department of | ||||||
12 | Transportation for transfer into the Downstate Transit | ||||||
13 | Improvement Fund during Fiscal Year 2014 are hereby nullified | ||||||
14 | and, if the funds have been transferred into the Downstate | ||||||
15 | Transit Improvement Fund on or before the effective date of | ||||||
16 | this amendatory Act of the 98th General Assembly, then the | ||||||
17 | State Comptroller shall immediately order transferred and the | ||||||
18 | State Treasurer shall transfer such funds back to the Downstate | ||||||
19 | Public Transportation Fund. In Fiscal Year 2015 and each fiscal | ||||||
20 | year thereafter, the transfer to the Downstate Transit | ||||||
21 | Improvement Fund shall be determined as follows: | ||||||
22 | (1) The Department of Transportation shall calculate | ||||||
23 | the amounts directed to be transferred in to the Downstate | ||||||
24 | Public Transportation Fund pursuant to subsection (b-6) of | ||||||
25 | Section 2-3 of this Act, minus the amounts expended via | ||||||
26 | appropriations and transfers from the Downstate Public |
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1 | Transportation Fund for the most recently completed Fiscal | ||||||
2 | Year (the "Net Resources Amount"). | ||||||
3 | (2) The Department of Transportation shall also | ||||||
4 | compute the June 30 available balance in the Downstate | ||||||
5 | Public Transportation Fund for both the most recently | ||||||
6 | completed fiscal year and the immediately preceding fiscal | ||||||
7 | year and determine the change (positive or negative) in the | ||||||
8 | available balance over the course of the most recently | ||||||
9 | completed fiscal year (the "Balance Change Amount"). | ||||||
10 | (3) If the Balance Change Amount indicates that the | ||||||
11 | June 30 available balance in the Downstate Public | ||||||
12 | Transportation Fund has stayed the same or increased during | ||||||
13 | the most recently completed fiscal year, then the requested | ||||||
14 | transfer to the Downstate Transit Improvement Fund in the | ||||||
15 | current fiscal year will be equal to the Net Resources | ||||||
16 | Amount calculated in item (1) above. | ||||||
17 | (4) If the Balance Change Amount indicates that the | ||||||
18 | June 30 available balance has decreased during the most | ||||||
19 | recently completed fiscal year, then the requested | ||||||
20 | transfer to the Downstate Transit Improvement Fund shall be | ||||||
21 | equal to the Net Resources Amount reduced by the Balance | ||||||
22 | Change Amount. If the Balance Change Amount under item (2) | ||||||
23 | is greater than or equal to the Net Resources Amount, then | ||||||
24 | there will not be a transfer into the Downstate Transit | ||||||
25 | Improvement Fund during the current fiscal year. | ||||||
26 | Transfers shall be made no later than 90 days following |
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1 | the end of such fiscal
year. Beginning fiscal year 2010, all | ||||||
2 | moneys each year in the Downstate Transit Improvement Fund | ||||||
3 | shall be , held solely for the benefit of the participants in | ||||||
4 | the Downstate Public Transportation Fund and shall be | ||||||
5 | appropriated solely to the Department to make competitive | ||||||
6 | capital grants to the participants of the respective funds and | ||||||
7 | for no other purpose . However, such amount as the Department | ||||||
8 | determines to be necessary
for (1) allocation to participants | ||||||
9 | for the purposes of Section 2-7 for
the first quarter of the | ||||||
10 | succeeding fiscal year and (2) an amount equal to
2% of the | ||||||
11 | total allocations to participants in the fiscal year just ended
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12 | to be used for the purpose of audit adjustments shall be | ||||||
13 | retained in such
Funds to be used by the Department for such | ||||||
14 | purposes.
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15 | (b) Notwithstanding any other provision of law, in addition | ||||||
16 | to any other transfers that may be provided by law, on July 1, | ||||||
17 | 2011, or as soon thereafter as practical, the State Comptroller | ||||||
18 | shall direct and the State Treasurer shall transfer the | ||||||
19 | remaining balance from the Metro East Public Transportation | ||||||
20 | Fund into the General Revenue Fund. Upon completion of the | ||||||
21 | transfers, the Metro East Public Transportation Fund is | ||||||
22 | dissolved, and any future deposits due to that Fund and any | ||||||
23 | outstanding obligations or liabilities of that Fund pass to the | ||||||
24 | General Revenue Fund. | ||||||
25 | (Source: P.A. 97-72, eff. 7-1-11.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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