HB1347ham001 97TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 2/24/2011

09700HB1347ham001 LRB097 05370 PJG 51416 a

AMENDMENT TO HOUSE BILL 1347

AMENDMENT NO. ______. Amend House Bill 1347 as follows:

on page 5, immediately below line 6, by inserting the following:

"(p) This Section does not apply to the Downstate Transit Improvement Fund."; and

on page 5, line 15, by replacing "Section 2-3" with "Sections 2-3 and 2-15"; and

on page 9, immediately below line 16, by inserting the following:

"(30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)

Sec. 2-15. Except as otherwise provided in this Section, all funds which remain in the Downstate Public Transportation Fund or the Metro-East Public Transportation Fund after the payment of the fourth quarterly payment to participants other than Metro-East Transit District participants and the last monthly payment to Metro-East Transit participants in each fiscal year shall be transferred (i) to the General Revenue Fund through fiscal year 2008 and (ii) to the Downstate Transit Improvement Fund for fiscal year 2009 and each fiscal year thereafter. Transfers shall be made no later than 90 days following the end of such fiscal year. Beginning fiscal year 2010, all moneys each year in the Downstate Transit Improvement Fund, held solely for the benefit of the participants in the Downstate Public Transportation Fund and shall be appropriated to the Department to make competitive capital grants to the participants of the respective funds. However, such amount as the Department determines to be necessary for (1) allocation to participants for the purposes of Section 2-7 for the first quarter of the succeeding fiscal year and (2) an amount equal to 2% of the total allocations to participants in the fiscal year just ended to be used for the purpose of audit adjustments shall be retained in such Funds to be used by the Department for such purposes.

On and after the effective date of this amendatory Act of the 97th General Assembly, the Downstate Transit Improvement Fund is not subject to sweeps, administrative charge-backs, including but not limited to those authorized under Section 8h of the State Finance Act, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Downstate Transit Improvement Fund into any other fund of the State unless specifically authorized by law.

(Source: P.A. 95-708, eff. 1-18-08.)".